If you cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee. You will receive the original back, and you must make a copy to serve on the Defendant. After Defendant is served, you must have the original Summons filed along with your proof that Defendant was served. You can file your papers one of three ways:
How to Serve the Defendant Your spouse must be personally served with a copy of the documents. This means someone must hand-deliver the documents to the defendant in person.
Your spouse can be served anywhere — at home, at work, etc. The person who serves the Defendant must complete an Affidavit of Service stating when, where and what documents were served on the Defendant.
The affidavit must be filed with the court to show that your spouse was properly served.
If you use the sheriff or a private process server, they may have their own form to complete as proof of service. If you have someone else serve the summons and complaint, they can download and fill out the Affidavit of Service below.
Both must be filed. Contact friends, family members, employers, coworkers, or anyone who might know where your spouse can be found. Search for your spouse online through social networking sites and by email.
You can also check the Post Office for forwarding information. Check with any source that might lead you to a good address for your spouse. The judge will want to see you tried as many of those avenues as possible.
Some judges require someone other than the Plaintiff to do the search for the Defendant. You may need to ask a neutral person to do the "due diligence" search and fill out the "Affidavit of Due Diligence" paperwork showing the places they searched. If you want a professional to do the search, you can look for people who offer "skip trace" services and they will try and find the Defendant for a fee.
They should provide you with the required affidavit detailing their attempts to locate the Defendant. If you still cannot find your spouse, you can ask the Court for permission to serve by publishing the summons in a newspaper and mailing a copy of the summons and complaint to his or her last known address.
You will have to detail all of the efforts you made to find your spouse. To ask the Court for permission to serve by publication, follow these steps: Mail a copy of the summons and complaint to your spouse's last known address.
Mail this by regular mail not certified mail. The Affidavit to Serve by Publication must be completed by you.
The Affidavit of Due Diligence must be completed by whoever did the search for the Defendant. Complete everything in the Order to Serve by Publication except for the judge's signature line.Divorce Judgment Documents Overview Welcome to the Court Document Order Web Site The Los Angeles Superior Court, in accordance with California Government Code sections (a) (f) (g), is providing certified copies of records maintained electronically by the Court through this site.
Aug 14, · How to File Divorce Papers Without an Attorney. In this Article: Article Summary Deciding if You Should File for Divorce on Your Own Filing the Appropriate Paperwork Appearing in Court Finalizing the Divorce Community Q&A In some circumstances, you may be able to divorce your spouse without hiring and paying for an attorney.
These instructions explain the steps in a default divorce with minor children.
Each step includes a link to the form or forms needed for that step. Click on the step to expand it with more information.
“Default” means you have your spouse served with the initial divorce papers and your spouse does not file an answer with the court. If your spouse is served and defaults (does not file an. divorce - Translation to Spanish, pronunciation, and forum discussions.
It's unclear what's at the center of their marital strife -- but earlier this year Roger kinda poured his heart out on social media admitting he and Jenni went through several ups and downs.
The Family Law Act established the principle of no-fault divorce in Australian Law. When granting a divorce the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together.