Why Serving Divorce Papers Matters
What does it mean to serve divorce papers? In California, it’s a legal requirement to ensure your spouse is formally notified of the divorce and given a chance to respond. Serving divorce papers guarantees fairness in the legal process.
If your spouse refuses to cooperate, it might delay the timeline, but it won’t stop the divorce entirely.
Why Do Spouses Avoid Being Served?
Spouses may refuse to be served divorce papers for several reasons, including:
- Denial or Emotional Resistance: Struggling to accept the end of the marriage.
- Delaying Tactics: Hoping to stall proceedings or maintain control.
- Financial Concerns: Fearing alimony, child support, or property settlements.
- Avoiding Responsibilities: Attempting to dodge court appearances or obligations.
Steps to Take When Your Spouse Refuses Service in California
Depending on your situation, California law provides multiple ways to serve divorce papers if your spouse refuses to cooperate:
1. Personal Service
This is the most common method to serve divorce papers in California:
- A process server, sheriff, or qualified adult delivers the papers directly to your spouse.
- If your spouse refuses to accept them, the server can leave the papers nearby, and the refusal is documented.
Who can serve divorce papers in California? Anyone over 18 who is not involved in the case can serve papers on your behalf.
2. Substituted Service
If personal service isn’t successful, substituted service is an option:
- Papers can be left with a responsible adult (18+) at your spouse’s home or workplace.
- A copy must also be mailed to their last known address.
- After 10 days, the service becomes legally effective.
3. Service by Publication
When other methods fail, you can request service by publication:
- File for court approval by showing you’ve made every effort to locate your spouse.
- Publish a notice of the divorce in a local newspaper for four consecutive weeks.
- This is common in cases where court papers cannot be served by traditional means.
Don’t Forget Proof of Service
After successfully serving divorce papers—whether personally, through substituted service, or by publication—you must file a Proof of Service (Form FL-115) with the court. This document verifies when, where, and how the papers were served. Without this form, the court cannot move forward with your case.
For substituted service or publication, additional forms may be required to demonstrate that the service method met legal standards.
What Happens After Service?
Once your spouse is served divorce papers, they have 30 days to respond:
- If They Respond: The divorce proceeds as contested, requiring both parties to negotiate or appear in court.
- If They Don’t Respond: You can request a default judgment. This allows the court to finalize the divorce based on your terms, including property division and child custody arrangements.
Take the Next Step with Expert Legal Help
If your spouse refuses to be served divorce papers, it’s important to act promptly and explore your legal options. Our experienced California divorce attorneys can guide you through every step, ensuring your rights are protected.
We serve clients across:
- Los Angeles County
- Orange County
Call us today to schedule a free case evaluation and take the next step toward resolution.
