What Happens When I Serve My Spouse?

 

Sometimes people are confused about what to do when a spouse is served.  If the spouse is in agreement, he/she can be served by mail, and only needs to sign and date the notice and acknowledgement.  The Respondent does not need to respond!  The respondent only responds if he/she is not in agreement with the issues listed.  If the respondent is served by a process server or someone who is over the age of 18 (not the petitioner), then the respondent doesn’t have to do anything at all but receive the documents.  The process server or the person who served will sign and date the proof of service.  Sometimes, people who reside outside the state of California, but in the United States, can get served by certified mail.  Once the respondent signs the card that indicates that the mail was received, the card is sent back to the petitioner (or attorney) and this is the proof of service.  If the respondent lives outside the United States, he/she could be served by registered mail and likewise the respondent signs the card.

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