Serve your spouse
If your spouse didn't sign the Marriage License and Certificate—Attachment (form NC-312), and they are alive and able to sign, the judge will sign an Order to Show Cause—Issuance of New Marriage License and Certificate (form NC-325).
The Order to Show Cause is for your spouse. It tells them about your request and that they have 6 weeks from the date the clerk stamped the Order to Show Cause to file an objection. Someone has to deliver a copy of the Order to Show Cause and a copy of your Petition to your spouse so they get a chance to respond. This is called serving court papers.
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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 has to deliver the papers in person. After delivering the papers, your server has to 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 them in person or mail them the papers by first-class mail, postage prepaid, return receipt requested. This type of service takes more time, so pay attention to the deadlines.
You will have to ask the court for permission to serve them in a different way.
- First, you will have to show the judge that you tried everything reasonable to find and serve them.
- If you still can't find or serve them, you can ask for permission to serve them a different way.
- Get help from your court's self-help center ️ (link opens in a new tab) with this request.
How to serve the Order to Show Cause
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Choose a server
You can't serve papers yourself. Ask another adult (a server) to deliver the papers.
Your server has to 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. Not every sheriff's department serves papers, so ask first.
Contact the jail or prison to find out how to get papers served on someone there. 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 has to deliver the Order to Show Cause—Issuance of New Marriage License and Certificate (form NC-325) and your Petition within 4 weeks from the date the clerk stamped the Order to Show Cause (the day it was filed).
- If your spouse is outside of California and you will have them served by first-class mail, postage prepaid, return receipt requested, you have to add 10 days for the mailing (even if it won't take that long). That means your server needs to mail the papers within 18 days of the date the clerk stamped your Order to Show Cause.
Your server has to write down the address where they gave your spouse the papers, along with the date and time. They will need this information to fill out the Proof of Service.
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 the Proof of Service
Your server has to fill out the Proof of Service of Order to Show Cause (form NC-321).
- It helps if you fill in the top part of the form with the case and court information.
On the Proof of Service, your server has to:
- Fill out the information about how, when, and where they served the forms.
- Fill in their address and write in the names of the forms they served.
- If they mailed the forms, attach the return receipt.
- Sign at the bottom.
Unless your server will file it for you, make sure your server gives the completed Proof of Service back to you to file.
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File Proof of Service
- Make one copy of your completed Proof of Service.
- File the original and the copy within 5 weeks from the day you filed your request.
- The court will keep the original, and stamp and return the copy to you.
- Keep the copy for your records and bring it to the hearing, if there is one.
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Wait to see if your spouse files an objection
Your spouse has 6 weeks from the date the clerk stamped the Order to Show Cause (form NC-325) to file an objection.
- If they file an objection in time, 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, the judge can grant your request without a hearing after the 6 weeks are up.