Legal Question in Family Law in California
In California does a party to a post-judgment family law case need to be personally served pursuant to CCP 1005 for every motion, pleading, notice and so forth, or is service by mail or to the attorney sufficient after they have made a post-judgment appearance.
2 Answers from Attorneys
After a party appears in an action, service is generally made by mail to a party's attorney. Certain documents must be served on both.
Mr. Roach is incorrect when it comes to Family Law which has special post-judgement service rules. Once a judgment is entered, every motion or other proceeding, such as a child custody modification, requires personal service on the party of the initiating papers, and any other papers until the party or their attorney makes an appearance in the new proceeding. Once the party appears personally or by counsel, then remaining papers for THAT proceeding may be served by mail. Once that proceeding is decided, such as by a new custody order being entered, it starts over again for any new proceeding.