Legal Question in Family Law in California

Serving Divorce papers

How can I serve divorce papers to my spouse in jail?


Asked on 2/14/07, 3:45 pm

2 Answers from Attorneys

Laurence Haines HainesLaw

Re: Serving Divorce papers

Simple. You serve on the sheriff or jailer having custody of your husband. The sheriff or jailer then must "forthwith" deliver the papers to him.

See California Penal Code Section 4013(a) and Code of Civil Procedure Section 416.90.

By the way, sending the papers "via mail with return receipt requested" is invalid service.

I suggest you hire a process server to serve the papers and they will provide you with a good "proof of service" you can file with the court.

My office handles divorce cases. If you have any further questions, please call.

Good luck.

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Answered on 2/15/07, 1:30 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Serving Divorce papers

You can try via mail with return receipt requested. Will this be contested? For assistance, call me directly at 1.619.222.3504 or e-mail me at the address below.

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Answered on 2/14/07, 4:23 pm


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