Before you begin

The key points

  • The petitioner cannot serve the papers personally.
  • A server must be at least 18 and not a party to the case.
  • Personal service and acknowledgment by mail have different requirements.
  • Initial service is not used for an FL-700 joint petition.
01

Prepare the correct service set

After filing the standard petition and summons, use the filed copies for the service packet. Include the required blank Response, FL-120, and applicable child-related papers. Follow the court’s checklist rather than handing over an arbitrary selection.

Petition (FL-100) states what the petitioner requests. Summons (FL-110) provides notice and contains orders. Service is more than letting a spouse know that a questionnaire was completed.

The opening petition article explains the documents. Keep service separate from the later exchange of financial disclosures.

02

Choose a permitted server and method

The server must be an adult who is not part of the case. That can be a qualified friend or relative, a professional server, or a sheriff where available. You cannot serve your own opening papers.

For personal service, the server delivers the required papers to the respondent and records what happened. The California catalog identifies Proof of Service of Summons (FL-115) for this stage.

Arrange the method before buying a preparation package that claims to include everything. Ask what service work is actually provided and whether a separate charge applies. Keep a copy of the completed proof.

03

Acknowledgment by mail requires cooperation

Notice and Acknowledgment of Receipt (FL-117) is a specific method for an agreeing spouse to acknowledge receiving the opening documents by mail. It is not the same as a delivery receipt from an ordinary letter.

Follow the official mail-service instructions, including who mails the packet, what it contains, return arrangements, and the proof to file. The acknowledgment must be properly signed and returned. Do not assume a silence or an unsigned form completes this method.

The signed acknowledgment date matters to the service record. Use the actual completed documents rather than guessing the service date from when the envelope was sent.

04

Understand the deadlines service affects

The respondent generally has 30 days after service to file a Response. In a standard divorce, service or the respondent’s appearance, whichever is earlier, is also relevant to the statutory 6-month minimum.

Those are different timing rules. Expiration of the response period is not the date the marriage automatically ends. If no Response is filed, the petitioner still needs the appropriate default and finalization steps.

The default article explains the next procedural choice. Follow specific hearing notices and any additional service deadlines that apply to requested orders.

05

Know when the ordinary instructions do not fit

An FL-700 joint petition starts with both spouses signing together, without initial service of process. Summary dissolution is another separate process. Do not add standard service requirements to their opening sets.

If a joint case is revoked, amended papers and service may be required as it moves into the standard process. Follow that stage’s instructions.

If a spouse cannot be located, is outside the country, or has military circumstances, get help about the applicable method. Do not improvise service by email, posting, or publication. The joint filing article explains the route distinction.

A few more answers

Common questions

Can I serve the initial papers myself?

No. On the standard route, use a server who is at least 18 and not a party to the case. The server completes the relevant proof. Preparing the papers yourself does not let you personally serve them.

Does my spouse agreeing remove service?

A cooperative spouse may use the permitted acknowledgment-by-mail procedure. That still requires the correct steps and proof. A joint petition has no initial service, but it is a different route from filing a standard petition.

Is an email saying the papers arrived sufficient?

Do not treat an ordinary email as the required acknowledgment or proof. Follow the official procedure for the service method and use the prescribed documents.

What if no Response is filed?

The petitioner may be able to request a default after the applicable response period. Default is not automatic, and final court papers and the minimum period still matter.

Do service charges come with document preparation?

Not necessarily. Read the provider’s terms and check what work is included. Court fees, private preparation, and service can be separate expenses.

Go to the source

Official California references

Requirements and forms can change. Check the current instructions and your local court’s requirements. This page is not an attorney-reviewed legal opinion.

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