Can I make copies of and re-serve divorce papers to my wife that I served to her myself?

UPDATED: Jun 5, 2012

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Can I make copies of and re-serve divorce papers to my wife that I served to her myself?

I became impatient trying to find a reliable person to drive 2 hrs to serve my wife divorce papers so I served them to her myself when she came to my town briefly.

Asked on June 5, 2012 under Family Law, California


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

Answered 10 years ago | Contributor

You can make copies and have the papers served on your wife.  It was not valid service of process when you served her with the papers because the process server cannot be a party to the case.

You can have a process server in the city where she lives serve the documents.  You can find process servers under attorney services in the Yellow Pages or online.  The marshal can also serve the papers on your wife, but the problem is the marshal will make a limited number of attempts to serve your wife and if the marshal is unsuccessful, the marshal keeps your money and nothing will have been accomplished.  It would be advisable to use a private process server.  After your wife has been served, you will need to file the proof of service with the court. 

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