Many couples entering into the divorce process – or at least one spouse in the relationship who wants a divorce even if the other does not – have the goal of getting the divorce over with as quickly, painlessly, and cheaply as possible. Which are all understandable goals, but in many cases, achieving all three of those goals simultaneously proves to be a challenge, especially when a person tries to litigate a divorce without the help of an attorney. The first moment this usually comes up in a California divorce is in filing and serving the initial divorce papers on the other spouse. Although you do not need an attorney to serve divorce papers on another spouse, there are a couple of critical issues you will want to consider before doing so.
How Service is Accomplished in California
Every civil action requires that the person filing the action (called a “petitioner” or “plaintiff”) properly serve certain documents on the other party to the lawsuit. In a divorce, the plaintiff must file a petition to terminate the marriage, and this petition must be served on the other spouse as well as a summons. Once this is accomplished, a document evidencing the fact that both the petition and summons were properly served must be filed with the court.
In California, any person 18 or over may personally serve the other spouse with these papers, so long as that person is not the spouse filing the petition. People often hire a process server or request that a sheriff serve the documents, but, again, another adult can serve the documents, which essentially means handing the documents to the other person. If a certain number of attempts are made to serve the person unsuccessfully, the documents may be left at his or her residence or place of work with a suitable adult, and then additional steps must be taken including sending another copy to the same address and filing certain documents with the court proving service was made. Service by mail may be accomplished in other cases, especially if the other spouse agrees to receive service by mail and fills out a legal form acknowledging receipt which is also filed with the court.
Why Speaking With an Attorney Prior to Serving Divorce Papers Makes Sense
Although many divorcing spouses are eager to get the process moving as quickly as possible by filing a petition and promptly serving papers, there may be issues not on your radar that are worth speaking about with an attorney before serving the papers.
For example, if your spouse is surprised to receive divorce documents, that spouse may take steps to sabotage the divorce proceedings, including hiding property or “lending” property to others until the divorce is finalized (neither of which are allowed). A spouse may also take action with regard to children in a misguided attempt to retain contact and custody. Your spouse may also immediately proceed to speaking with an attorney who can guide your spouse on legal strategies that can negatively affect you if you are not also receiving counsel.
Finally, there may be additional steps that your attorney will advise you to take before filing a petition and serving papers. These can include making an immediate request for temporary spousal support, securing marital property, and even taking steps to put together a settlement offer to the other spouse to streamline the proceedings in your favor.
For any questions on family law in California, including all filing for divorce, contact the Law Office of Kelley Finan today to schedule a consultation to discuss your circumstances.