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Serve your spouse

If your spouse did not sign the NC-312, and they are alive and able to sign, the judge will sign an Order to Show Cause (form NC-325). The Order to Show Cause is for your spouse, it tells them about the request and that they have 6 weeks from the date the Order to Show Cause is filed with the court, to file an objection. You must have a copy of that Order along with a copy of your Petition delivered to them so they get a chance to respond. This is called serving court papers.

Serving court papers

Serving means another adult, not you, delivers a copy of the court papers to your spouse. This person is your server. Your server must deliver the papers in person. After delivering the papers, your server must sign a Proof of Service form saying they delivered the papers. You file this form with the court. 

If your spouse is not in California, your server can serve in person or mail them the papers by certified mail, return receipt requested. This type of service requires more time so pay attention to the deadlines. 

If you don't know where your spouse lives, you can ask a judge for permission to serve them a different way. First, you will have to look for them. You will have to show the judge that you tried everything reasonable to track them down. This is called a due diligence search. If you searched for them and still can’t find them, you can ask for permission to serve them by publication. Sometimes, you may find out how to reach them but not an address, like if you find their account on social media. In that case, the judge might order you also to notify them through social media.

 

How to serve the Order to Show Cause

  • Choose a server

    You can't serve papers yourself. Ask another adult – a server – to deliver the papers.    

    Your server must be:  

    • 18 or over, and  

    • Not part of your case  

    Your server can be:  

    • Someone you know 

    • The local county sheriff (in most, not all, California counties)  

    • A professional process server you hire  

    The sheriff charges to serve papers unless you have a fee waiver. And not every sheriff’s department may serve papers so ask first.  

    Contact the jail or prison to find out how to get papers served on an inmate. Sometimes, the staff at the jail or prison will do it for you. Other times, you may have to arrange for someone to do it during visiting hours, or some other way.

  • Have server deliver the papers by deadline

    Your server must hand deliver the Order and Petition within 4 weeks of the date the Order to Show Cause (form NC-325) is filed with the court, which will be stamped in the upper right-hand corner of the form. Your server must note the address where they gave your spouse the Order to Show Cause, along with the date and time. They will need this information to fill out a Proof of Service form. 

    If your spouse lives outside California and you will have them served by certified mail, return receipt requested, you have to add 10 days for the mailing. That means the Order to Show Cause and Petition must be mailed to them within 18 days of the date the judge signed the order.

    Your server can leave the papers next to them and tell them what they are. For example, your server can leave the papers on the ground next to them and say, "These are important legal papers for you."

  • Have server complete Proof of Service

    You can use Proof of Service of Order to Show Cause (form NC-121). 

    It helps if you fill in the top part of the form with the case and court information. 

    Your server can then fill in the information about how, when, and where they served the Order to Show Cause. They also have to fill in their address and write in the name of the forms they served.

    Your server must sign at the bottom. 

    Unless your server will file it for you, your server should then give the Proof of Service form back to you to file. 

  • File Proof of Service

    Make one copy of your filled out Proof of Service form. 

    • File the original and copy with the court. 

    • The court will keep the original. 

    • The court will stamp and return the copy to you. 

    • Keep the copy for your records and bring it to the hearing. 

  • Wait to see if your spouse files an objection

    Your spouse has 6 weeks from the date the NC-325 was filed with the court to file an objection.

    • If they file an objection, the clerk will set a court date (called a hearing) for the judge to hear from all sides and make a decision. The court will send you information about the court date.
    • If they do not file an objection, then the judge can make a decision without a hearing.
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