To serve divorce papers in California, someone age 18 or older who is not part of your case must give your spouse or domestic partner the filed papers using a legally permitted method. You cannot serve the initial papers yourself. After service, the server completes the correct proof of service and you file it so the court can verify that notice was given properly.
Personal service is the usual starting method, but California also permits other methods in defined circumstances. Some require extra steps, proof of earlier attempts, the other person’s cooperation, or a judge’s permission. This page explains the framework; it does not decide which alternative method fits an individual case.
Use this with the California Courts instructions for serving divorce papers. For the petition itself, see the complete FormExplainer FL-100 Guide.
Jump to: Who may serve · What to serve · Service methods · Proof of service · Timing · If you cannot find your spouse · Later papers
Who can serve divorce papers?
Your server must be at least 18 and not a party to the case. That can be a friend or relative, a professional process server, or in some counties the sheriff. The petitioner cannot hand over the initial papers and count that as valid service.
The server is responsible for following the chosen method and recording the details needed for the proof of service. If the respondent is in jail or prison, California Courts directs filers to contact the facility because an official there will act as the server.
Which initial divorce papers generally must be served?
Serve file-stamped copies of the papers that started the case, except fee-waiver papers. An ordinary divorce packet generally includes:
- the filed Petition—Marriage/Domestic Partnership (FL-100);
- the Summons (FL-110), including the standard restraining orders on page 2;
- any attachments filed with the petition, such as FL-105 when you have minor children together;
- a blank Response—Marriage/Domestic Partnership (FL-120); and
- any additional blank forms or local notices the official instructions or your court require.
Check the stamped packet against the current California divorce forms list and your court’s instructions. Do not serve the fee-waiver request or order. Keep a complete copy of exactly what the server receives.
How can the initial papers be served?
Personal service
With personal service, the server gives the papers directly to the respondent. The person does not have to accept the papers politely or sign anything. California Courts explains that if the person is identified and refuses to take them, the server may leave the papers near them and state that they are important legal papers.
Personal service gives a clear delivery date and is the usual method for the initial Petition and Summons. California Rules of Court, rule 5.68 lists personal service and the other authorized routes for a family-law summons and petition.
Substituted service
If repeated, reasonably diligent attempts at personal service do not succeed, substituted service may be available. It generally involves leaving the papers with an appropriate adult at the respondent’s home or usual workplace and then mailing another copy. It is not complete on the day the papers are left; California Courts states that completion occurs 10 days after the mailing.
The server must document the personal-service attempts in a declaration of diligence and complete FL-115 accurately. Follow the official substituted-service instructions before using this method. “I tried once” and “the person was not home” do not by themselves establish the required steps.
Mail with Notice and Acknowledgment of Receipt
Service by mail with a Notice and Acknowledgment of Receipt depends on the respondent signing and returning the acknowledgment. Mailing alone does not complete this method. If the acknowledgment is not returned, another permitted method is needed. Do not confuse this special summons procedure with ordinary mail service for later papers.
Outside California or outside the United States
California procedure includes service on a person outside the state, but international service can also be controlled by a treaty such as the Hague Service Convention and by the law of the destination country. Rule 5.68 identifies these distinct routes. Do not assume that domestic mail or personal-service steps can be used unchanged abroad.
What is Proof of Service of Summons, and why does it matter?
Proof of Service of Summons (FL-115) tells the court who served the initial papers, whom they served, which papers were included, the method used, and when and where service occurred. The server—not the petitioner—signs it.
After the server returns the signed form, make a copy and file the original. Service and proof are separate steps: delivering papers gives notice, while filing the proof puts evidence of that service in the court file. California Courts says the case cannot move forward until the proof is filed. Review the official FL-115 form page before filing it.
When should I serve the papers?
Serve after the court files the starting papers. If the initial packet does not include a request with a court date, California Courts says it can be served any time after filing. Once service is complete, the respondent ordinarily has 30 calendar days to file a Response.
If you also filed a Request for Order or another paper with a hearing date, that request has its own service deadline and may require a particular method. The ordinary FL-300 personal-service deadline is at least 16 court days before the hearing unless the court orders otherwise; permitted mail service adds time. Follow the date and directions on the filed papers rather than applying the 30-day response period as a hearing deadline.
Service also affects the earliest possible date a divorce can become final. It does not finish the divorce, and the respondent’s failure to respond does not create an automatic judgment. It may allow the petitioner to begin the separate default process after the applicable response period.
What if my spouse avoids service or I cannot find them?
A person who is difficult to catch at home is different from a person whose location is genuinely unknown. Additional attempts at different times may support substituted service if its requirements are met. If you do not know where the person is, you generally must make a real, documented effort to locate them before asking the court for another method.
If that search does not locate the respondent, you can ask the judge for permission to serve by publication or, if you qualify for a fee waiver, by courthouse posting. The request uses FL-980 and a proposed FL-982 order and must describe the search. Publication generally runs once a week for four weeks; posting generally lasts 28 days. These methods require a court order. The official publication and posting guide explains the application, diligence record, mailing steps, and proof.
Alternative service can affect what orders the court may make if the respondent never appears. Use the self-help center or a lawyer to identify the correct procedure for the facts; this page cannot determine that substituted service, publication, posting, international service, or another route is legally available in a particular case.
Is serving later divorce papers the same as serving the initial petition?
No. The initial Petition and Summons use formal summons-service rules because they bring the respondent into the case. After the respondent has appeared, many later papers may be served by another adult by mail or another authorized method, often on the respondent’s lawyer if represented. But some later papers still require personal or summons-style service—for example, when a rule or court order says so.
Later service also uses a proof matched to the method, such as FL-330 for personal service or FL-335 for service by mail. Do not reuse FL-115 for every document. Check the form, the applicable rule, and any court order for the particular paper being served.
Before you arrange service
- Compare the filed packet with the forms the server will deliver.
- Confirm the server is qualified and understands the chosen method.
- Check whether any hearing paper changes the deadline or method.
- Give the server the information needed to record date, time, place, person served, and every document.
- Review and file the signed proof; keep a filed copy.
Starting your divorce? Review FL-100 before service.
Service delivers the petition you already filed. Before you proceed, use the complete FormExplainer FL-100 Guide to review what each question asks, confirm the party names, relationship dates, children, support and property requests, and check that every referenced attachment is present. That review can help you catch an omission before the filed petition becomes the packet your spouse receives.
Sources checked October 7, 2026: California Courts service instructions and forms; California Rules of Court, rule 5.68; and the official substituted-service and publication/posting guides. Local requirements and international-service rules can add steps.