Legal Question in Family Law in California
Serving Documents
I attempted to have my husband served by mail a year ago. He refused to sign the papers- by the time he agreed to sign papers he had lost the proof of summons and I was unable to obtain another proof. If I have him served by someone else do I need to refile? I have already gone through mediation- he did not show up.
1 Answer from Attorneys
Re: Serving Documents
I assume you are talking about service of the summons and complaint, am I correct? If this is so, you cannot serve an in State respondent by mail unless they agree, and file an answer or a notice of acknowledgement and receipt. You need to serve him in person. Once he answers, then you can serve all other papers by mail so long as you have a person who is not an interested party in the matter do the mailing.
Do you kind of understand now why you should have an attorney? This is just the service phase, you have not even started the meat of the case yet!
Get a lawyer if you want to get out of this!!
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