Can I serve my spouse divorce papers in California?
Who can serve divorce papers in California? In California, anyone over the age of 18 not involved in the divorce can serve the divorce papers to the responding spouse for the petitioning spouse. The server can be a relative, coworker, friend, or professional process server.
What does it mean to serve divorce papers in California?
California law says that you must give the other party formal notice that you’ve begun the legal process; the legal way to do that is by having him or her served with a copy of the same paperwork you filed with the court. Technically, it’s called service of process —but most people simply call it “serving divorce papers.”
Do you have to have both spouses agree to a divorce in California?
California law doesn’t require both spouses to agree to a divorce. If one spouse wants it, that is enough. The preliminary declaration of disclosure consists of several forms that need to be completed. The two most important ones are an income and expense declaration and a schedule of assets and debts.
When to respond to a divorce or separation in California?
Responding to Divorce or Separation. A married couple or registered domestic partners can end their marital status in California 6 months after the first papers are filed at the courthouse and copies of these papers are served on you, the respondent.
How does spousal support work in California divorce?
Then, the other spouse will receive other community property assets of equivalent total value. Upon divorce in California, you may be entitled to spousal support. A spousal support order requires one spouse or domestic partner to pay the other a specified amount of money each month.
Do you have to serve your spouse with divorce papers in California?
In California, you do not need to be the one to serve your spouse. Instead, you can have any of the following people serve the papers: If one of these third parties serves the papers, your spouse does not need to sign anything. Instead, the person who served the papers signs the proof of service, which meets the court’s requirements.
Can a spouse stop a divorce in California?
One spouse can initiate the action, and the other spouse or partner can’t stop the process even if they want to remain married. California is a “no-fault” state meaning that the person requesting the divorce does not need to prove that the other person did anything wrong.
Can a military spouse file for divorce in California?
A spouse or the active military servicemember must have been a resident of California for at least six months and a resident in the county where they will file a petition for divorce for at least three months. The divorce can also take place if the spouse or the servicemember is stationed in California.
What happens when you file for divorce in California?
When you file for divorce in California, any property you acquired prior to marriage, during your marriage by gift, devise, or bequest, or after the date of legal separation is deemed separate property and will remain legally yours upon the dissolution of your marriage. The court considers this property “ separate property “.