When going through a divorce in Valencia, California, one of the things you will have to eventually do is serve your spouse the divorce papers. There are several ways to do this, but in this article, we are talking about personally serving the divorce papers.
Your options for serving divorce papers are pretty wide, meaning it can be anyone over the age of 18, who is not a party to the case. So that usually just means, as the one going through the divorce, you are the only one who cannot serve the divorce papers.
But when choosing a process server or a person to serve your divorce papers, you should choose wisely. This is because, you may need to contact that person again in the future should something be wrong with the proof of service of your divorce papers.
In this one specific incident a (not a client of ours) called us to assist them with finishing their Valencia divorce. When we reviewed the proof of service, we determined that it was not completed properly.
(read more below)
This means that the proof of service had to be completed again by the person who served the divorce papers. There were two problems with this. First, the person was served over 2 years ago. Second, the guy used his gardener to serve the divorce papers. Basically, he did not know where he was and had no contact with him.
Had he choose someone better suited to serve divorce papers or used a professional company to serve the divorce papers, it would just have been a matter of amending the proof of service and re-filing it. But because the person was nowhere to be found, the divorce papers will need to be served again. This starts the 6 month clock all over again.
We can assist you with serving divorce papers. We will coordinate and have the other person served by process server if that is the desired method.
For questions on how to properly serve divorce papers, feel free to either give us a call or to use our online divorce self help center at California Divorce Tutor.
