Mail service is not valid for divorce summons in California, unless the other party is willing to sign a Notice and Acknowledgement of Receipt. Otherwise, service must be in person, and it cannot be by you, needs to be by a non-party. Someone (not you) just needs to hand him the papers.
Notice and Acknowledgment of Receipt (FL-117) Tell the court that your spouse or domestic partner agreed to (and received) by mail the legal papers to start your case.
Forms to start a divorce or separation Form NameForm Number Petition — Marriage/Domestic Partnership FL-100 Summons (Family Law) FL-110 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support) FL-1153 more rows
How to serve by mail with Notice of Acknowledgment and Receipt Choose a server. Figure out when to serve. Fill out and copy Notice and Acknowledgement of Receipt. Prepare a return envelope. Have your server mail the papers and envelope. Wait for server to get signed Notice in the mail. Fill out the Proof of Service forms.
Forms to start a divorce or separation Form NameForm Number Petition — Marriage/Domestic Partnership FL-100 Summons (Family Law) FL-110 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 Proof of Service of Summons (Family Law — Uniform Parentage — Custody and Support) FL-1153 more rows
California has two grounds for divorce: (1) irretrievable breakdown of the marriage; or (2) incurable insanity. The first ground is a ``no fault'' basis for divorce. it is not necessary to prove fault in order to get divorced.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
After you serve these papers, you'll wait for a response. They have 30 days from the date they signed the Notice to file a response. If they don't file a response, you can still move forward with the case.