How to Serve Divorce Papers in California: A Simple Guide from Divorce661 | California Divorce

Posted by Tim Blankenship on

 

How to Serve Divorce Papers in California: A Simple Guide from Divorce661

I’m Tim Blankenship from Divorce661. One of the most common roadblocks I see in California divorces is improper service of papers. If you don’t serve your spouse the right way, the court can delay—or even reject—your case. Below I’ll walk you through why service matters, the proper methods (including the Notice of Acknowledgment and Receipt), common mistakes, and how to keep your divorce moving forward.

Why Proper Service Matters

When you file for divorce, the court needs to make sure your spouse gets legal notice. That’s not just polite—it’s required. Without proof that your spouse received the documents, the court won’t proceed. Improper service can cause weeks or months of delay, missed deadlines, and unnecessary extra work.

“A client thought serving by email was enough. The court rejected it, and their case stalled for weeks.”

Where to Start: After You File

Once you file your petition, summons, and any child custody paperwork, the court assigns a case number. That case number is your starting point for service. Don’t try to serve before filing—filing first ensures the court has officially opened your case and that the documents you send match what’s in the court file.

Make sure these are ready before service:

  • Your filed petition and summons (with the court-stamped case number)
  • Any required forms related to child custody or support
  • A completed Notice of Acknowledgment and Receipt (NAR), if you plan to serve by mail
  • A plan for how you’ll prove service to the court (signed NAR or Proof of Service)

Service by Mail: The Easiest Option (When Your Spouse Cooperates)

If your spouse is willing to cooperate, the simplest route is service by mail using a Notice of Acknowledgment and Receipt (NAR). Here’s how it works:

  1. You mail the required divorce documents to your spouse along with the NAR form and a pre-addressed return envelope.
  2. Your spouse signs the NAR acknowledging they received the papers.
  3. They mail the signed NAR back to you.
  4. You file the signed NAR with the court as proof of service.

This method is clean and avoids personal service. If the signed NAR is filed correctly, the court accepts it and your case proceeds.

When Personal Service Is Required

If your spouse won’t cooperate or you can’t locate them, you’ll need to use personal service. Personal service means the documents are physically delivered to the person by someone else. Important points:

  • Personal service must be done by an adult who is not a party to the case—typically a process server or the county sheriff.
  • After personal service, the server completes and files a Proof of Service with the court to show when and how the documents were delivered.
  • Personal service prevents the court from later claiming your spouse never received notice.

Proof You Served: File It with the Court

Whichever method you use, the court needs documentation. That means filing either the signed NAR (for mail service) or the Proof of Service (for personal service). Filing this paperwork is what moves your case forward—without it the court can’t act on your petition.

Common Mistakes to Avoid

  • Assuming email is enough. In California divorce cases, email service is generally not valid unless the parties have agreed to it in a specific way. Don’t rely on it.
  • Not filing proof of service. Sending the papers is not enough; you must file evidence with the court.
  • Using the wrong form or incomplete forms. Make sure the NAR or Proof of Service is complete, signed, and filed correctly.
  • Waiting too long to serve. Delays in serving can cause deadlines to shift or the other party to miss response windows, complicating the case.

Real Example: What Can Go Wrong

One client thought sending divorce papers by email would be sufficient. The court rejected that method, and the entire case stalled for weeks while we corrected the service. We re-served properly, filed the Proof of Service, and got the case back on track. Don’t let a simple mistake like that cost you time—or peace of mind.

How Divorce661 Can Help

At Divorce661 we handle all service methods—mail or personal—so your case is done the court-approved way the first time. We offer flat-fee pricing with no surprises and take care of the paperwork and filing for proof of service. If you’d rather not worry about the details, we can manage the entire service process for you.

Visit Divorce661.com for a free consultation and we’ll make sure your papers are served correctly and your case keeps moving.

Quick Checklist Before You Serve

  • Confirm your petition and summons are filed and you have a case number.
  • Decide whether you will use mail (NAR) or personal service.
  • Prepare the correct forms and a pre-addressed return envelope if using NAR.
  • If using personal service, hire a process server or contact the sheriff.
  • File the signed NAR or Proof of Service with the court promptly.

Conclusion

Proper service is a small step that makes a big difference. Follow the right process—file first, serve correctly, and file proof of service—and you’ll avoid delays and potential court rejections. If you need help, Divorce661 is here to handle the service for you and keep your case on track.