Do you have to be a certain number of feet away from your spouse in order to serve them divorce papers?

Asked 11/22/2009 under Divorce, Marriage, Alimony | 167 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Divorce, Marriage, Alimony Law Answers

No, there is no such requirement.  However, there are several other requirements of which you should be aware in order to give proper legal service .

Usually, your papers must be "personally" served on your spouse or domestic partner. That means that someone, not you, must personally give each of the forms you filed with the court and a blank "Response-Marriage Form" to your spouse.

The server must: be 18 or older; not be involved in your case, and must fill out the "Proof of Service".

They can be: a friend, relative, county sheriff, or process server.

Here is a link to a site that will explain further:  http://www.courtinfo.ca.gov/selfhelp/family/divorce/step2.htm

Note:  If you and your spouse are cooperating on your family law case, and your spouse agrees to accept service by mail, this is the easiest and least expensive way to serve the papers.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com