Marriage is a commitment to stay with the person you love. Over time, the marriage may break down and small differences may become major issues. While the marriage rate is 6.2 per 1,000 people in the U.S., being served divorce papers happens to 2.4 out of 1,000 people.
Receiving divorce papers is an emotionally draining time, but it’s part of the legal process that requires both parties to receive legal notice. Your papers act as a timeline to progress with your divorce.
If you’ve been served papers, you must follow the steps below to streamline the divorce.
What Is The Process Of “Serving Papers” In California?
California’s rules for serving papers require an adult, aside from your spouse, to hand a copy of the file papers to you. The person serving the papers is a “server,” and the person must be over 18 and not involved in the case.
The sheriff can deliver divorce papers, but a fee is applied for this type of service.
Servers must fill out a Proof of Service form and note the date and time that the papers were served.
You can also mail the papers to a spouse, but they must:
- Sign an acknowledgment form
- Mail the form back
If a spouse does not live in California, they can send Registered or Certified Mail with a returned receipt request.
Even when mailed, the papers must be mailed by someone else, such as an attorney. Serving papers can also be done by publication. If a spouse cannot be located, the court may approve notice through publication. For example, the court may approve the notice’s publication in a local newspaper where the spouse is thought to reside, assuming the publication was weekly for a minimum of four consecutive weeks.
Procedures are in place if the spouse’s location is unknown. Petitioners must make their best effort to locate the spouse to have them served. Contacting former employers, friends and family and using public records are a few methods that can be used to locate a spouse.
Serving papers in person is often ideal because the spouse doesn’t need to sign and return the Return Receipt form. It is usually faster too. An attorney can help with serving papers and can be invaluable when the person cannot be found or does not respond. However, if your goal is to keep things as amicable as possible, you may choose to serve by mail to avoid potential embarrassment to your spouse. But, this should be used only if you are confident your spouse will cooperate with signing and returning the required form.
What Should You Do If You Are Served Divorce Papers?
If you’ve been served divorce papers, you have 30 days to respond. Your spouse, also known as the Petitioner, can request a default if you fail to respond, which means the courts can decide important issues on your behalf, such as:
- Child custody
- Child support
- Spousal support
- Property division
You may not agree with what your partner is asking for in the Petition, but if you choose not to file your Response within that 30-day window, you may lose your chance to argue your case.
Speaking with an attorney before your spouse files a Request for Default is recommended.
You might fail to respond in 30 days, and in this case, if your spouse does not ask for a default, you can still file a Response.
If you receive a divorce Petition, you’ll need to follow a few steps, some of which will vary based on your unique situation. These steps can include:
- Complete the Response Form: Called Response, this form must be filled out and requests basic marriage information. You can also note the type of orders you want the court to preside over. For families with children, you’ll need to complete the Declaration under Uniform Child Custody Jurisdiction and Enforcement Act.
- Determine If You Need a Request for Temporary Order(s): In some cases, you may want the court to decide on certain matters immediately by requesting a temporary order. For example, you may request that the court make an order about where your children will live during the divorce, or you may request financial support while the divorce is ongoing. There are important additional steps you must take to get an order, so it’s important to consult an attorney for help.
- Contact Your Court Clerk: You may or may not need to complete local county forms. Contact your county court clerk to verify which forms, if any, you must complete.
Before filing your Response and any other forms that you filled out with the court clerk, be sure to make multiple copies of each document.
Who Should You Contact If You Have Been Served Divorce Papers?
If you’ve been served divorce papers, you may be wondering what steps to take next and where to turn for help.
To get some clarity and understand your options, consult with an experienced family law attorney. California law gives you 30 days to file your Response, so it’s important to start preparing your Response as soon as possible.
A lawyer can help you navigate the paperwork, ensure you meet the state’s deadline for filing and start preparing your divorce strategy proactively.
Filing your Response is an important step in the divorce process, but it’s often more involved than expected. You will be asked to declare your community and separate assets and liabilities. If you have any other requests, you can add them to Form FL-120. The court will require you to attach Form FL-105 (Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)) if you have minor children. This form asks for detailed information about your kids and includes questions about domestic violence protective/restraining orders.
It’s easy to feel overwhelmed by all of the forms and deadlines. Hiring a lawyer right after you’re served can make the process less stressful.
How Can An Experienced Attorney Help If You Were Served Divorce Papers?
Even when you know that your marriage is headed for divorce, being served divorce papers can still be a shock. It can be even more distressing if you are blindsided by your spouse’s decision to request a divorce.
An experienced family law attorney can help you make sense of the divorce proceedings and advocate for your best interests when filing your Response.
At Wine Country Family Law, P.C., we know that every divorce is unique. Our experienced attorneys will listen to your story, explain your options, and help you find a path forward as you navigate this challenging stage in life. You do not have to go through this alone.
Reach out today to discuss your divorce. Contact us online or call us at 707-669-0841 to schedule a consultation.
