California Divorce Service Options

Summary

In California, if divorce papers cannot be served personally, alternative methods like certified mail or service by publication can be used. Certified mail involves sending documents to the last known address with a return receipt. Service by publication requires a court order, selecting an approved newspaper, and publishing the summons for four weeks. To obtain a court order for publication, demonstrate due diligence in locating your spouse, file a motion with a declaration, and attach a Declaration of Diligence if available. Form FL-117 is not needed for service by publication.

Full Conversation

Do you support California Law advice?
Hi Lawrence! I can provide general legal information for California as well. How can I assist you with your legal issue today?
Do you provide family law support?
Hi Lawrence! Yes, I can provide general information on family law issues in Texas. What specific family law matter do you need help with?
I need family law issues in California.
Hi Lawrence! Yes, I can provide general information on family law issues in California. What specific family law matter do you need help with? (e.g., divorce, child custody, child support, spousal support, etc.)
Divorce. Dissolution of Marriage.
Hi Lawrence! Here are some general points regarding the dissolution of marriage in California:
- Residency Requirement: Either spouse must have lived in California for at least six months and in the county where filing for at least three months.
- No-Fault Divorce: California is a no-fault state, meaning you don’t need to prove wrongdoing to file for divorce.
- Property Division: Community property laws apply; assets and debts acquired during the marriage are usually divided equally.
- Spousal Support: Courts may order spousal support based on several factors including length of the marriage and each spouse’s financial situation.
Do you need more details on any particular aspect?
I recently filed for divorce in the state of California. I filed with the sheriff's department of San Diego County. They returned to me, an affidavit of unsuccessful service for process service. What are the next steps in the process?
Lawrence, since you received an affidavit of unsuccessful service, here are your next steps:
- Alternative Service Methods: You may need to try a different method such as hiring a private process server or using certified mail.
- Request Court Permission: You can request court permission for substituted service or service by publication if you cannot locate your spouse.
Would you like more information on any of these options?
I do have the court's permission for substituted service. I'd like more information on the certified mail process.
Lawrence, here’s how to proceed with certified mail for substituted service in California:
- Send Documents: Send the summons and complaint to the last known address of the defendant via certified mail with a return receipt requested.
- Proof of Service: Keep the return receipt and file a Proof of Service form with the court.
Would you like more details on filling out the Proof of Service form?
Yes, please. I'd like more details.
Hi Lawrence! To fill out the Proof of Service form for service by certified mail in California, follow these steps:
- Form Type: Use form POS-*, Proof of Service by First-Class Mail.
- Details: Include the date, time, and address where the documents were mailed.
- Signature: The person who mailed the documents must sign the form.
Would you like help with any other details or steps?
How would I do service by publication?
Lawrence, to do service by publication in California, follow these steps:
- Court Order: Obtain a court order allowing service by publication.
- Select Newspaper: Choose a newspaper approved by the court for legal notices.
- Publication: Publish the summons and complaint in the newspaper for the required duration, usually once a week for four weeks.
- Proof of Publication: Obtain and file a Proof of Publication with the court.
Do you need more details on obtaining the court order?
Yes. How do I obtain a court order allowing for service by publication?
Hi Lawrence! To obtain a court order for service by publication in California, follow these steps:
- Due Diligence: Demonstrate that you've made all reasonable efforts to locate and serve your spouse.
- File a Motion: File a motion with the court requesting permission for service by publication.
- Declaration: Include a declaration detailing your efforts to find and serve your spouse.
- Proposed Order: Submit a proposed order for the judge to sign.
Would you like more details on any of these steps?
Yes. Due Diligence.
Hi Lawrence! To demonstrate due diligence for service by publication in California:
- Search Efforts: Document all attempts to locate your spouse (e.g., checking last known addresses, contacting relatives/friends, online searches).
- Affidavit: Prepare an affidavit detailing these efforts.
- Supporting Documents: Include any returned mail or other evidence of unsuccessful attempts.
Would you like more details on preparing the affidavit?
Actually the sheriff provided a "Declaration of Diligence" to me.
Lawrence, since you have the "Declaration of Diligence" from the sheriff, you can use it to support your motion for service by publication. Here’s what you need to do next:
- File Motion: Submit a motion to the court requesting permission for service by publication.
- Include Declaration: Attach the "Declaration of Diligence" provided by the sheriff.
- Proposed Order: Submit a proposed order for the judge to sign.
Would you like more details on filing the motion or any other step?
Would I need to fill out form FL-*?
In California, Form FL-*, "Notice and Acknowledgment of Receipt," is typically used for serving the other party by mail. However, since you mentioned that you are considering service by publication, you would not need to fill out FL-* for service by publication.
Would you like more information on any other forms or steps in this process?