Post Judgment California Divorce Motions Must Be Personally Served
Today someone had written a question on our blog wondering what items have to be personally served and which items can be mail served and it can get a little tricky but this video is specifically about post judgment motion.
So, what that means is post judgment, the judgment is already according to the divorce case and you want to modify something such as child support, spousal support or virtually anything you need to personally serve your motion.
The process would be to file your paperwork, get your court date and then personally serve it. Anyone over 18, process server preferably to make sure it’s done correctly and that has to be done by personal service.
The reason being is or I should say as supposed to when you are going through the divorce both parties knew there is a process going on. They are going through a divorce process.
So, a lot of these things can be mail served once the opening documents have been personally served, everything else can be done by mail for the most part.
After there has been a period of time for divorce whether it will be a month or six years or ten years, the court requires that you personally serve any new motions. Because they don’t want to assume that the person still lives there and you mail serve them and they don’t get it.
They want to make sure that it is actually served on the party, the want to know what address was served to them for purposes of service of process, they want to make sure that they are actually served and they knew that they should have attended the hearing.
Keep in mind, post judgment, anything you want to change in your divorce after the judgment has been entered. If you file a motion, you need to have it personally served.
Tim Blankenship, divorce661.com, specializing in California divorce. Give us a call if you need some help.