Family Matters.
When It Really Matters.

How are Divorce Papers Served in Carlsbad

On Behalf of | Oct 1, 2019 | Divorce

How are divorce papers served in North County San Diego?  When you file a divorce action against your former spouse you are required to provide a formal notice that you have started a legal process against them.  This is called “service of process” or “serving them with notice.”

How are divorce papers served in Carlsbad and what are the legal steps required in order to accomplish this important legal step?  When are divorce papers served, and should you serve them yourself?

The last question is actually quite important.  The experienced Carlsbad divorce attorneys at Burke & Domercq help you to understand all aspects of filing the divorce and serving your former spouse.  In some cases it might actually be better not to cause additional aggravation or animosity or more importantly lose the cooperation of the former spouse.  Some find it more respectful to handle these things personally, or jointly.

In other cases we may consider extending an initial settlement offer with the divorce summons to ease the transition into discussions regarding child custody and parenting time, child support, spousal support and the division of community property.

Today, almost 80% of the cases here in Carlsbad are actually filed by the parties themselves, and legal “service” of the divorce summons must accomplished.

How are divorce papers served in North County San Diego? The best option is usually to hire a sheriffs deputy or professional process server.  You may hire the deputy or professional server to serve notice upon your former spouse and provide paperwork for the Court that service has been legally performed and completed.

You may personally serve the papers upon your former spouse.  The other party is required to sign and date the “acceptance of service” so that you may provide proof to the Court that notice has been given.

It is also legal to send the notice through the US mail.  You should at least choose First Class Mail with receipt of delivery.  It is usually better to send the notice certified mail with return receipt requested.  The person must sign the verification form attached to the envelope and it will be returned to you.  This may provide the required proof of service to the Court.

The final option is “publication.”  The law would require you to place a notice in a newspaper with appropriate circulation where your former spouse resides.  The Court will require evidence that the ad was placed and that it ran for the specified period of time.

The advantage of working with Burke & Domercq is we manage all of these details for you.  We strategize with you to maximize the likelihood that your goals and objectives for the divorce will be accomplished.  This includes how and when your divorce is filed and service is perfected.