Legal Question in Family Law in California
Serving Divorce Papers to Someone in Jail
I'm helping a friend prepare his initial Subpeona/Petition papers to divorce his wife. They've been separated for 5 years and they both want the divorce. She is incarcerated right now and is due to be released in early May 2005.
Can he have the papers served to her while she's in jail? If the court gives a court date BEFORE she is released, is this okay?
1 Answer from Attorneys
Re: Serving Divorce Papers to Someone in Jail
You serve the Sheriff (county jail) or the Warden (state prison). A professional process serving firm will know how to do this. The prisoner does not have the right to be brought to court for the divorce proceeding, but more than likely the court date will be after her release date. A cooperative spouse should be able to sign a Notice and Acknowledgement of Receipt, but you will not be able to pass papers back and forth in the visiting area. Best to wait until she is released thereby avoiding these types of hassles.
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