Can the person who filed for divorce be present when the other person is being served with papers?

Asked on November 12, 2015 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The person who filed for divorce can absolutely be present when the other spouse is served with the divorce papers, and her presence has no bearing whatsoever on the validity of service. Any person or number of people can be present at service, including the other party, without making the service ineffective.


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