How to Serve Divorce Papers in California

After you file your divorce petition with the court, your spouse must be officially notified — this is called service of process. California law requires that service be completed in a specific way. You cannot simply hand the papers to your spouse yourself.

Why Service of Process Matters

Service of process is a constitutional requirement. It ensures that your spouse has been properly notified of the divorce case and has the opportunity to respond. If service is not completed correctly, the court cannot proceed with your case.

What Documents Must Be Served?

The following documents must be served on your spouse:

• Petition (FL-100) — the filed copy with the court's stamp
• Summons (FL-110) — includes the automatic temporary restraining orders
• Any other documents filed with the Petition (such as FL-105 if you have children)
• A blank Response (FL-120) — so your spouse knows how to respond

Methods of Service

1. Personal Service

The most common method. Someone who is:

• At least 18 years old, and
• Not a party to the case (not you or your spouse)

personally delivers the papers to your spouse. This can be a friend, family member, or professional process server.

After delivery, the person who served the papers fills out a Proof of Service of Summons (FL-115), which you then file with the court.

2. Process Server

A professional process server is a person or company whose business is delivering legal documents. Benefits include:

• They know how to locate and serve individuals who may be avoiding service
• They provide a completed Proof of Service
• Their testimony carries weight if service is later disputed

Process server fees in California typically range from $50 to $150, depending on the location and difficulty of service.

3. County Sheriff

You can request the sheriff's office in your spouse's county to serve the papers. There is usually a fee (often around $40), and availability and turnaround time vary by county. Check your county's court information for local sheriff service details.

4. Notice and Acknowledgment of Receipt (FL-117)

If your spouse is cooperative, you can mail them the divorce papers along with form FL-117. Your spouse signs the FL-117 to acknowledge they received the documents and mails it back to you.

Key points about this method:

• Your spouse must voluntarily sign — they are not required to
• If they don't sign and return it, you'll need to use another service method
• This method can save money since no process server is needed
• The date your spouse signs the FL-117 is the date of service

5. Service by Mail with Acknowledgment

You can have someone (not you) mail the documents to your spouse via first-class mail along with the FL-117. If your spouse signs and returns the acknowledgment, service is complete.

If your spouse does not return the signed acknowledgment within 20 days, this method fails and you must use personal service or another method.

6. Service by Posting (Publication)

If you cannot locate your spouse after reasonable efforts, you may ask the court for permission to serve by publication — publishing a notice in a local newspaper. This is a last resort and requires a court order.

You must show the court that you made genuine efforts to find your spouse (checking last known addresses, contacting relatives, searching public records, etc.) before this method is approved.

After Service: Filing Proof of Service

Once your spouse has been served, you must file proof with the court:

• FL-115 (Proof of Service of Summons) — for personal service or service by mail
• FL-117 (Notice and Acknowledgment of Receipt) — if your spouse signed the acknowledgment

The date of service is important because it starts the 30-day response period and the 6-month waiting period before the divorce can be finalized.

What Happens After Service?

Your spouse has 30 days from the date of service to file a Response (FL-120) with the court. After that:

• If they respond: The case proceeds as either contested or uncontested, depending on whether they agree with your requests
• If they don't respond: After 30 days, you may be able to pursue a default judgment

How MutualFile Handles Service

With MutualFile, your spouse can be invited to collaborate digitally on the platform. For formal service, we coordinate with process servers and help you complete the required proof of service documentation.

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This article is for informational purposes only and does not constitute legal advice. Service requirements can vary based on your situation. If you have questions, consult a licensed attorney.