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“The following are methods of service for serving the initial summons: A. Personal service: Personal service is almost always the preferred method or service of process. . . Service must be accomplished by someone 18 years or older who is not a party to the action. B. Service by certified mail: This type of service is used only when the Respondent lives out-of-state and cannot be personally served. [This manner of service may not be permitted for Respondents living outside of the country.] C. Service by Posting: Posting is a form of constructive service and is permitted when 1) the whereabouts of the adverse party are truly unknown and 2) the moving party is indigent. It is not to be confused with Publication. [With out-of-state service by mail, service by Posting, and/or out-of-country service, questions arise as to the court’s in personam jurisdiction over the adverse party . . . Facts must be gathered to determine if sufficient minimum contacts exist to permit the court to order relief despite the absence of personal service.] D. Notice and Acknowledgment: A Notice and Acknowledgment form is appropriate when the other party is aware of the action and there is open, cordial communication between the parties and/or their attorneys. E. Service on out-of-country respondents: The Hague Service Convention requires that service on a resident of a foreign country, that is a signatory to the Convention, must follow the specific service guidelines of the Hague Service Convention as well as the manner of service accepted by the specific country. Because the United States is a signatory to the Hague Service Convention, when serving residents of other countries that are also signatories, litigants must comply with theh Hague Service Convention.” [Service by publication means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document. It will have to be published for 4 weeks in a row, at least once a week.]

[California Family Law Basics [certain citations omitted]]

Post Author: lawofficesofjamesrdickinson