Legal Question in Family Law in California

May I serve my spouse with legal separation papers or does it have to be someone else who is 18 or older or can it be done by certified mail?


Asked on 9/13/10, 6:58 pm

2 Answers from Attorneys

Myava Escamilla Law Offices of Myava R. Escamilla

You must have someone - not you - older than 18 serve it. You can potentially do it by certified mail with a return receipt, but in dissolution/legal separations, people are generally not willing to sign for them. Just make your life easier and have an adult serve him or her and fill out the proof of service.

good luck!

DISCLAIMER

The answer above is intended for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.

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Answered on 9/19/10, 8:01 am
Anthony Roach Law Office of Anthony A. Roach

I disagree with Ms. Escamilla, in that you do not serve a summons and petition by certified mail. A summons may be served by mailing, with an acknowledgement of receipt. If the party being served refuses, however, you must then serve by another method, such as personal service, substituted service or publication.

You can never be the one serving the documents, because you are a party to the action. It must be served by someone over the age of 18, who is not a party to the action, and not a named protected person if it involves a restraining order.

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Answered on 9/19/10, 3:37 pm


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