How can I prove my spouse was served his divorce papers? 2 Answers as of July 28, 2010

If the court needs proof that my spouse was served with the divorce petition, how can I prove that he was served with the divorce papers?

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Law Offices of James C. Bechler, A.P.C.
Law Offices of James C. Bechler, A.P.C. | James Bechler
Normally, a simple "proof of service" is filed with the court whereby a non-party signs an affidavit that states under penalty of perjury that the "papers" were handed to the other party. The person attesting to the service has to be willing to appear in court to testify to this fact, if the service is contested by the other party.
Answer Applies to: California
Replied: 7/28/2010
Fasel, Fasel & Nefulda, LLP
Fasel, Fasel & Nefulda, LLP | Jordan Nefulda
If you live in California, the Petition has to be personally served on your spouse. As such, the person that served him (it cannot be you), has to fill out a proof of service indicating the date, time, location, as well as the names of the forms that was served on him (There is a form, POS-040, that you can obtain from californiacourts.org). The proof of service is the proof that your spouse was served, and it must be filed with the Court.
Answer Applies to: California
Replied: 7/27/2010
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