How to Serve California Divorce Papers and Complete Form FL-115

Quick Answer

File the opening forms before arranging service. The petitioner cannot serve them. A server who is at least 18 and not a party ordinarily personally delivers the filed FL-100, issued FL-110, applicable FL-105 materials, a blank FL-120, and required local papers. Afterward, the server—not the petitioner—completes and signs FL-115. The petitioner files the signed proof and keeps a copy.

For the broader rules beyond opening divorce papers, see Service of Process in a California Family Law Case.

Before delivery, confirm that the court returned an issued copy of the FL-110 Summons rather than an unissued draft.

Service and Proof of Service Are Different

Service is the act of legally delivering the papers. Proof of service is the signed evidence describing that delivery. FL-115 does not serve anyone, and filling it out before delivery does not cure defective service. Conversely, papers may have been physically delivered, but the court still needs an accurate signed proof before relying on that service.

Use the method actually performed. Do not check personal service because it seems simpler if the papers were left with someone else, mailed, or delivered under a court-approved alternative.

Prepare the Opening Packet Before Service

File First and Use the Returned Copies

The California Courts instructions direct petitioners to serve after filing. Confirm that the Petition is file-stamped and the Summons is issued, that every page and attachment was accepted, and that the caption and case number match throughout the packet.

Choose a Qualified Server

The server generally must be at least 18 and cannot be a party to the case. The petitioner cannot personally hand or mail the opening papers. A friend, relative, professional process server, or, where available, a sheriff may serve if that person can follow the applicable rules and complete the proof accurately.

Practical Packet Checklist

• A copy of the filed Petition—Marriage/Domestic Partnership (FL-100)
• A copy of the issued and filed Summons (FL-110)
• The petitioner's completed FL-105 when minor children are involved
• A blank Response—Marriage/Domestic Partnership (FL-120)
• A blank FL-105 when minor children are involved
• Any other filed opening papers, court orders, and blank response forms required for those papers
• Applicable county notices, standing orders, or local forms

FL-115 item 1 itself lists the basic FL-100, FL-110, and blank FL-120 packet and provides boxes for completed and blank FL-105 forms and other documents. Local requirements can add to the packet, so check the superior court's current instructions before delivery.

Personal Service Is the Standard Initial Method

For personal service, the server delivers the papers directly to the respondent. California Courts explains that if the respondent refuses to take them, the server may leave them next to the respondent while stating what they are. The server should not trespass, threaten, or create a confrontation.

The server must record the precise service address, calendar date, and time. These facts affect the response deadline, the court's authority to proceed, and the earliest possible marital-status termination date. The identity served must also be correct; service on someone with a similar name is not made valid by a confidently completed form.

How the Server Completes FL-115

Caption and Documents Served

Copy the court name, petitioner, respondent, and case number exactly from the filed papers. In item 1, identify the case type and every additional completed or blank document actually delivered. Use the 'Other' line or an attachment when necessary; do not check a document that was not included.

Address, Method, Date, and Time

Item 2 records the address where service occurred. Item 3 records the method. Personal service requires the date and time. Substituted service requires the person who received the papers, that person's relationship or role, the delivery date and time, the later mailing date, and an attached declaration of diligence. Mail-and-acknowledgment service requires the mailing facts and the signed FL-117 attachment.

Server Information and Declaration

Item 4 asks for the server's name, address, telephone number, registration status, and, if applicable, registration number, county, and fee. A non-sheriff server signs item 5 under penalty of perjury. A California sheriff, marshal, or constable uses the certification in item 6. The petitioner should not sign for the server.

Mail With Acknowledgment and Other Service Methods

Mail With Notice and Acknowledgment of Receipt

When the respondent will cooperate, another adult may mail the papers with two copies of FL-117 and a postage-paid return envelope addressed to the server. This method is effective only if the respondent signs and returns the acknowledgment. The server attaches the signed FL-117 to FL-115. Service is complete on the date the acknowledgment is signed, and the respondent generally has 30 days from that date to respond.

Substituted Service

If repeated reasonable attempts at personal service fail, substituted service may sometimes be available. It includes leaving the papers with an appropriate adult at the respondent's home or usual place of business, explaining their general nature, then mailing another copy to the same address. The server must attach a declaration detailing the earlier attempts. Service becomes complete under a different timing rule, so do not reuse the personal-service date calculation.

Publication, Posting, and Other Alternatives

Service by publication or posting ordinarily requires a documented search and advance court permission. Out-of-state, international, military, incarcerated, and tribal situations may also require different steps or proof. Use the court order and current instructions for the actual method; FL-115 is not the right proof for every alternative.

File the Proof and Track the Deadlines

After the server signs FL-115, review it for completeness without changing the server's sworn facts. Make a copy, file the original in the same case, and retain the filed copy. If an FL-117, declaration of diligence, or other required proof supports the method, include it.

The respondent's Response is generally due 30 calendar days after personal service or after the respondent signs FL-117. Other service methods can produce different completion dates. Do not request default until the legally applicable response period has expired and the proof supports it.

For a traditional divorce, Family Code section 2339 provides that marital status generally cannot terminate until six months have expired from service of the Summons and Petition or the respondent's appearance, whichever occurs first. That is a minimum, not automatic completion; judgment must still be entered.

The FL-700 Joint-Petition Process Is Different

Spouses who jointly file FL-700 and FL-710 do not use the traditional petitioner-serving-respondent structure and do not wait for an FL-120 Response. Their six-month waiting period begins with the joint filing. If either person later revokes the joint petition, the case continues under the regular procedure and new filing and service steps apply.

What Happens Next?

After valid service, the respondent can use the site's FL-120 Response instructions. If no Response is filed on time, the petitioner may later request default; a cooperative respondent may instead use a default-with-agreement path. That path requires a written agreement, and California Courts instructs that the nonresponding spouse's signature on the agreement must be notarized. Either way, disclosures and judgment paperwork remain separate steps.

Common Mistakes

• Having the petitioner personally hand or mail the opening papers
• Serving before the Petition is filed or serving an unissued Summons
• Leaving out the blank Response, child forms, an order, or a required local notice
• Recording an estimated date, time, address, method, or identity instead of the actual facts
• Letting the petitioner complete or sign the server's declaration
• Failing to attach the signed FL-117 or declaration of diligence when the method requires it
• Keeping FL-115 in a file but never filing it with the court

When Attorney Help May Be Worthwhile

Get help when the respondent is avoiding service, cannot be located, lives outside the country, may be in the military, has an unknown identity or address, disputes receipt, or was served with an incomplete packet. Advice can prevent a judgment from resting on defective notice.

Simplified Separation may assist one spouse in an agreed case that has already been filed and needs to move through service, disclosures, settlement, and judgment. The firm's attorney does not represent both spouses.

Frequently Asked Questions