Getting Service Right the First Time

In California family court, filing your papers isn't enough. The other party must be properly served, and you must prove it. If service is wrong, the judge may postpone your hearing or refuse to make orders.

The basic rules:

•       You can't serve the papers yourself. Service must be done by someone 18 or older who isn't a party to the case. A friend, relative or professional process server can do it.

•       Some papers require personal service. A new petition, such as a divorce or paternity case, and many Requests for Order must be handed directly to the other party.

•       Other papers can be mailed once the other party has appeared in the case.

After service, the server fills out the correct proof of service form. For personal service that's usually FL-330, and for mail service FL-335. File it with the court before your hearing.

The most common mistakes I see are serving too late, having a party serve the papers, and forgetting to file the proof of service. Each one can cost you weeks.

Related reading: [what happens after you file a Request for Order](link to Post 10).

If you need help with service, call me at 877-4CA-FCLS (877-422-3257) for a free consultation.