What Are the Legal Requirements for Serving Divorce Papers to My California Spouse, and What Happens If They Refuse to Accept Them?

At the Land Legal Group, our Los Angeles family law attorneys understand that in many cases, one spouse opposes getting divorced. In some cases, they assume dodging their spouse’s phone calls, text messages, emails, or other conversations about the subject is one way to prevent their California divorce from proceeding. They are wrong.

Understanding the legal requirements for serving divorce papers is crucial. While both parties do not have to agree to the marriage’s dissolution, one spouse must ensure they follow these requirements and exhaust all notification angles before the divorce can proceed.

What are the California Divorce Petition Requirements

The most common method of serving divorce papers in California is through personal service. This means that someone other than you, typically a professional process server, sheriff’s deputy, or a friend over 18 who is not involved in the case, physically delivers the papers to your spouse.

There are various legal methods of serving divorce papers in California, each with its own requirements and implications. Understanding these options can help you navigate the process more effectively.

• Service by Mail with Notice and Acknowledgment of Receipt

In some cases, you may be able to serve the papers by mail with a Notice and Acknowledgment of Receipt form. Your spouse must sign the form to confirm they received the papers.

• Substituted Service

If personal service or service by mail isn’t possible, you may be able to use substituted service, which involves leaving the papers with a responsible adult at your spouse’s home or workplace and then mailing a copy to them.

• Service by Publication

If you cannot locate your spouse or they are actively avoiding service, you may need to get permission from the court to serve them by publishing a notice of the divorce in a newspaper in the area where your spouse is believed to be.

If your spouse refuses to accept the divorce papers or attempts to evade service, it can complicate the process, but it doesn’t necessarily prevent it from proceeding.

Here’s what may happen:

• Attempted Service Documentation

If the person trying to serve the papers can prove that they made a good-faith effort to serve your spouse, the court may consider alternative service methods.

• Service by Publication

As mentioned earlier, if your spouse cannot be located or is avoiding service, you may need to ask the court for permission to serve them by publishing a notice in a newspaper.

• Court Involvement

Your attorney can petition the court for alternative service methods, such as posting the documents on the courthouse door or serving through a family member or friend.

• Default Judgment

If your spouse fails to respond to the divorce petition within the required time frame after proper service, which is 30 days in California, you may proceed by default, meaning the court can grant the divorce without your spouse’s participation. You must still observe the six-month waiting period before the court can finalize the divorce.

Contact Our Skilled Family Law Attorney Today

If you need help filing for divorce in California or have questions about how to legally proceed when your spouse is not cooperating, we can help. Call (310) 552-3500 today to contact the Land Legal Group’s team of skilled family law attorneys in Los Angeles.

We can help you understand your legal rights and options to confidently move forward with your life.