Ding Dong. Here’s Your Divorce Papers
Receiving or serving divorce papers can bring up a wide range of emotions—relief, sadness, anger, or even shock. Whether you’re the one initiating the process or the one being served, it’s important to understand what happens next.
If you’re navigating divorce in Beverly Hills, CA, this guide will walk you through what to expect when divorce papers are served and how to move forward with a little more clarity.
You’ve Been Served: What It Means Legally in Beverly Hills, CA
If you’ve been served” with divorce papers, it means that legally, your spouse has initiated a divorce action. California law requires that the party being sued (the respondent/defendant) be served with a copy of the papers. The official name for serving an opposing party with legal documents is service of process.
The California Code of Civil Procedure dictates who can serve papers and how papers must be served. Failing to serve papers according to the rules means your case cannot move forward.
Who Serves Divorce Papers in California?
Can I serve divorce papers myself? No, you are not allowed to serve divorce papers to your spouse. Someone else must serve your spouse with divorce papers.
California law states that a “server” can be:
- A professional process server
- A county sheriff or marshal
- A relative, friend, or coworker
- Any other person 18 years old
The person who serves papers cannot be involved in your case. They must complete a proof of service form that must be filed with the court.
Ideally, you want to serve divorce papers as soon as possible after filing. The date of service begins the mandatory six-month waiting period before you can obtain a divorce. Furthermore, if you have a hearing date, you may be required to serve the papers a minimum number of days before the court date.
How Do You Serve Divorce Papers: Methods of Servicing Divorce Papers in Beverly Hills
The California Code provides several methods for serving divorce papers. You can serve divorce papers by:
Personal Service (In-person)
Personal service means that the process server gives the divorce papers to your spouse. The server must confirm that they are giving the papers to the correct person. If your spouse refuses to take the papers, the process server can leave the papers on the ground in front of them.
Substituted Service
A process server may give the papers to an adult who lives in the same home as your spouse. However, the server must have made at least three attempts to serve your spouse personally. They must try at different times and keep track of the attempts.
The server must tell the person that the papers are legal papers and to give them to your spouse. A copy of the papers must also be mailed to your spouse at that address.
Service by Mail
Divorce papers may be mailed to a spouse via certified or registered mail. A return receipt must be requested so that you have proof that your spouse signed the papers. If your spouse does not sign the notice and acknowledge receipt, the service is ineffective.
Service by Publication
If you cannot locate your spouse for service, file a request with the court for service by publication. You must explain all your attempts to locate and serve your spouse. Once the court approves, notice is published in a newspaper for four consecutive weeks. The newspaper must be published in the area most likely to provide notice to your spouse.
Filing a Proof of Service: Completing the Process Legally
The process server must sign a Proof of Service form, which is then filed with the court. The form includes:
- The documents served
- How the documents were served on the respondent (i.e., personal service, substituted service, etc.)
- The person who was served
- The address of service
- The date of service
The process server signs the Proof of Service under penalty of perjury, stating that all information provided is true and correct. Proper service is critical for a divorce case. Improper service can delay a divorce case or lead to its dismissal.
After the Doorbell: What Happens When Your Spouse Has Been Served?
A spouse has 30 days to respond to a divorce petition in California. A spouse is considered in default if they do not file a response within 30 days. You can request a default divorce hearing. If everything is in order, the court should grant the divorce.
If your spouse files an answer or other response, your case is placed on the court docket. When spouses agree on all terms for divorce, the case is an uncontested divorce.
However, disagreements about any divorce terms result in a contested divorce. Spouses can use mediation and negotiation to develop a divorce settlement agreement. If not, the case goes to trial.
Seeking Advice from a Beverly Hills Divorce Lawyer
When you need help navigating the divorce process as the petitioner or the respondent, you need an experienced Beverly Hills divorce lawyer on your side. A divorce attorney helps with all aspects of the dissolution of marriage, including locating evasive spouses who refuse to sign divorce papers.
Berenji & Associates Divorce Lawyers can help. Schedule a confidential consultation if you have questions about a divorce in Beverly Hills, CA.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586