How do I serve a Summons (Family Law) and Petition-Marriage/Domestic Partnership (Family Law)?
A Family Law Summons (
FL-110) and a Family Law Petition (
FL-100) for dissolution of marriage may be served either by
personal or by
substituted service, in the same manner as a summons in all Civil actions (
Family Code 2040). The FL-110 has standard restraining orders keeping the respondent from disposing of, or taking funds from, community property bank accounts, stock portfolios, and other investments or shared assets, etc. (
Family Code 240). The standard restraining order goes into effect immediately when
personally served. If the documents are Sub-served, the restraining order doesn't go into effect until 5 days after the service.
The Summons/Petition can also be served by mail if you and your spouse or domestic partner are cooperating on your family law case. Someone 18 years or older (NOT you), that is not involved in the case, preferably a Registered Process Server, must mail your documents along with 2 copies of the Notice of Acknowledgment of Receipt (Family Law) (
FL-117).
For more information regarding the service of a Summons/Petition
click here.
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