Serve your divorce papers
After you file your divorce forms, you must give your spouse or domestic partner a copy. The legal word for this is serve.
You can’t serve the papers yourself. Someone else — called a server — must give them the papers. The court needs proof this was done the right way before your case can move forward.
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What it means to serve papers
Serving means someone — not you — gives the court papers to your spouse or partner.
The court needs proof they got the papers. This protects both of you. It gives the other person a chance to respond before the court makes decisions.
▶️ For more help to understand service, watch a short video about how to serve (opens in a new tab). Then, follow the step-by-step instructions below.
How to serve divorce papers
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Decide when to serve
You must serve the papers after you file them with the court.
If you are not asking for a court date:
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You can serve the papers any time after you file.
If you are asking for a court date:
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Serve the papers
Your server must give your spouse or partner:
A copy of your file-stamped court papers, including
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Any court orders you got
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A blank Response – Marriage/Domestic Partnership (form FL-120)
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Any other blank forms they may need to respond
This is called personal service.
Personal service is the usual way to serve your papers. Your server
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Hands the papers directly to your spouse, or
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If your spouse won't take the papers, leaves them next to your spouse and tells them what they are
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For example, your server can leave the papers on the ground next to them and say, "These are important legal papers for you."
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Can't find your spouse or partner
If your server can't find the other person after multiple tries, you may be able to:
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Leave the papers with someone at their home or work (substituted service), or
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Ask the court for permission to serve by mail, posting, or publication
The other person is outside California
If they are in another state
You can usually serve someone in another state using personal service or by mail with a signed receipt Notice and Acknowledgment of Receipt (form FL-117).
Learn more about service by mail
If they are in another country
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The rules depend on what country they are in.
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You may need to follow the Hague Convention rules.
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Serving someone in another country can take time and money.
📌 Talk to your court’s Self-Help Center or a lawyer.
The other person is in the military
There are different rules for serving someone on a US base or overseas. In some cases, their commanding officer may be able to serve the papers.
📌 Talk to your court’s Self-Help Center or a lawyer.
The other person is in jail or prison
An official at the jail or prison will be your server. Contact the jail, California State prison, or federal prison to find out who does this and how to get them the documents (both links open in a new tab).
Make sure your server writes down
- The address they gave the papers to your spouse at
- The date and time they gave the papers
They'll need this information to fill out the Proof of Service form.
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Fill out and file a Proof of Service
After serving the papers, your server must:
- Fill out Proof of Service of Summons (form FL-115)
- Sign the form
- Give it back to you
Then you must:
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Make a copy of the signed form
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File the original with the court
💬 Get help
You can get free help from your court’s Self-Help Center.
They can help you:
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Figure out how to serve papers
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Fill out the Proof of Service
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Ask the court for another way to serve, if needed
Key takeaways
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You can’t serve papers yourself — someone else must do it
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Your server must follow the rules and complete a Proof of Service
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You must file the Proof of Service with the court
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The other person has 30 days to respond after being served
Start a divorce case