How do I properly serve my spouse with divorce papers in California if they live in another state?

To serve your spouse with California divorce papers while they are in another state, you must use a method that is legally valid for out-of-state service, such as service by mail with a formal acknowledgment. This process ensures the court has proper jurisdiction over your spouse. Here is how to properly serve your out-of-state spouse: Step 1: File Your Divorce Papers Before you can serve your spouse, you must first file your divorce Petition (Form FL-100) and Summons (Form FL-110) with the correct California Superior Court. The court clerk will issue the Summons and return file-stamped copies to you. Step 2: Prepare the Service Packet Gather the required documents to mail to your spouse. You will need: - A copy of the filed Petition (FL-100) and Summons (FL-110). - A blank Response—Marriage/Domestic Partnership (Form FL-120). - Two copies of the Notice and Acknowledgment of Receipt (Form FL-117). - A self-addressed, stamped envelope for your spouse to mail the signed form back to you. Step 3: Mail the Documents Have someone who is at least 18 years old and not a party to the case (i.e., not you) mail the complete service packet to your spouse via first-class mail. The person who mails the documents is your server. Step 4: Wait for the Signed Acknowledgment Your spouse should sign, date, and mail back one copy of the Notice and Acknowledgment of Receipt (FL-117) to you or your server within 20 days of when it was mailed. Their signature proves they received the documents. Step 5: File the Proof of Service Once you receive the signed and dated FL-117, you or your server must complete a Proof of Service of Summons (Form FL-115) and file both the signed FL-117 and the FL-115 with the court. Service is legally complete on the date your spouse signed the acknowledgment form. Important Considerations: If your spouse does not sign and return the Acknowledgment of Receipt, service by mail is not complete. You will then need to serve them personally using a process server or sheriff in their state, a method authorized under California Code of Civil Procedure Section 415.40. Your spouse may be ordered to pay for the cost of this second service attempt if they failed to cooperate with service by mail. Warnings and Limitations: Proper service is critical; if done incorrectly, your case can be delayed or even dismissed. A California court must have jurisdiction to handle your divorce, which typically requires you to have lived in California for the last six months and in your current county for the last three months. This is general information and does not constitute legal advice. For complex situations or if your spouse is uncooperative, you should consult with a qualified California family law attorney.