Service of Family Law Documents:
So you’ve filed for divorce, child custody, or child support. What’s next?
Next, you must serve those documents to the opposing party. The service of legal documents is something many people often struggle with. It is an essential step in any case. If the opposing party isn't served correctly, the Court might throw your case out.
Serving the opposing party in your lawsuit gives them formal notice of the lawsuit. You are required to have a third party personally serve the opposing party with the initial filing. You cannot serve your own documents. The person who serves your documents must be over 18 years old, not a party in this case, able to complete the Proof of Service form and return the completed Proof of Service to you to file. This is for your own protection. If the opposing party claims they have not been adequately served, your server can take the stand and testify to the service.
Personal Service:
Personal service means your server personally hands the documents to the opposing party. This can take place wherever is most manageable, usually work or home address. Even if the opposing party rejects the forms, tears them up, throws them away, it is considered good service as long as the server personally hands the legal documents to the correct party and informs them that they are being served with legal papers.
Mail Service:
After an initial filing has been personally served, mail service is typically acceptable. Your process server can serve the documents via mail to the party’s current home address. This service method is considered less reliable because there is no verification that the opposing party received the documents, although many post services do include a tracking number.
Electronic Service:
Another common type of service is electronic service (such as e-mail service). It does require you receive consent from the opposing party to accept the service of documents via e-mail.
Alternative Types of Service:
Suppose you are having issues personally serving the documents on the opposing party. In that case, there are alternative methods of service, including substituted service, service by notice and acknowledgement of receipt, service by publication, service by posting. These types of services usually require the Court’s permission. An attorney can be beneficial with these types of services.
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All types of services require Proof of Service to be filed. This document indicates the type of service, date of service, time of service, who served the item and has them declare under penalty of perjury the information listed on the Proof of Service is correct. For each different type of service, there is specific proof of service form. You can find all the evidence of service forms at the below link:
https://www.courts.ca.gov/allforms.htm
You can represent yourself in family law cases; however, as illustrated above, many laws and requirements are required to navigate. Having an experienced family law attorney can reduce your stress significantly. If you are interested in a family law consultation with The Tabo Law Firm, please contact us via our website, Yelp, or phone!
https://www.courts.ca.gov/selfhelp-serving.htm?rdeLocaleAttr=en
