Can I mail divorce papers? 6 Answers as of July 04, 2013

I have an order to cause that I need to service to my ex husband. Can I do it by mail? I do not live near him.

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Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
No, you must hire someone to personally serve the divorce paperwork. If your husband is in another state, you will use a process server in the state or city where he resides.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
An attorney of record (or someone over the age of 18, other than yourself) can serve an OSC by mail on the other party if the other party has already appeared in the case and if it is a pre-judgment OSC. Generally, an appearance is made by a party once the Petitioner files the Petition or the Respondent files a Response. If it is a post-judgment OSC, then personal service by a third party over the age of 18 is required. You should consult with counsel on these complicated issues. Good luck.
Answer Applies to: California
Replied: 7/12/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You would have to send it by certified mail for it to be valid.
Answer Applies to: California
Replied: 7/4/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
A party cannot serve documents on the other party, whether by mail or otherwise. If your husband has appeared in the case by filing and serving a Response, you can have somebody else, over the age of 18 years, serve the documents on your husband by mail, and the server would have to complete and sign a Proof of Service by Mail, a copy of which would accompany the papers that he/she serves by mail on your husband, the original of which would be filed with the Clerk of the Court. If your husband has not filed a Response, you should have him personally served by a Process Server, who would provide you a completed Proof of Personal Service for you to file with the Clerk of the Court.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes. A Petition, Summons and an Order to Show Cause, re: Contempt must be personally served.
Answer Applies to: California
Replied: 6/10/2013
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can serve by mail. But, you need to make sure there are at least 21 days from the date of service and the date of the hearing if mailing to an address in California. If outside of California, add another 5 days, for a total of 26 days. See California Civil Code section 1005(b) (look it up on Google), which states: "all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days."
    Answer Applies to: California
    Replied: 7/11/2011
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