What if I served my spouse wrong?

I was told by sources at the court that
I can personally serve my spouse with
the divorce papers and advise him that
we have an emergency hearing coming up.
But now I am being told I wasn’t allowed
to serve him myself. What happens now?

Asked on July 19, 2017 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since you are a party to the case, you cannot serve the opposing party.  You need a process server or someone not a party to the case.  The documents will need to be served again.  It would be advisable to use a process server.  Process servers are listed under attorney services online and in the Yellow Pages.


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