Serving Divorce Papers in Riverside County: Who Can Serve, the Four Methods, and Proof of Service

What. The server delivers file-stamped copies of the papers filed with the court (not fee waiver forms), a blank Response (form FL-120) and any other blank forms the spouse may need¹. In Riverside the court also requires the Notice of Case Assignment and the Family Law Case Management Order to be served with the petition under Local Rule 5145⁸. The summons (FL-110) carries the standard restraining orders, which bind the petitioner from filing and the respondent from service⁹.

By whom. Any adult can serve except a party. The Judicial Council says “You can’t serve the papers yourself,” and the Riverside FAQ says the same: any person 18 or older may serve papers, except the petitioner or respondent¹². A friend, a relative, a process server or, in some areas, the county sheriff can do it, and the sheriff charges unless the person has a fee waiver¹. A granted waiver covers the sheriff’s fee to give notice¹⁰. Fee waiver details are on court fee waivers in Riverside County.

Personal service

The server hands the papers to the other spouse. If the spouse refuses to take them, the Judicial Council’s guide says to leave them nearby and tell the spouse what they are¹.

Substituted service

This is for a spouse who cannot be reached at home or work. The steps in the Judicial Council’s guide⁵:

1. Try at least three times on different days and times when the person is likely to be at home.
2. Leave the papers with an adult who seems responsible and lives at the home, or with an adult in charge at a business, and say they are legal documents.
3. Record that adult’s name or a description.
4. Mail a copy to the same address.
5. Complete a declaration of diligence (form MC-030 may be used) along with form FL-115, item 3(b).

Service is complete 10 days after the papers are mailed, and the spouse then has 40 days to file a response⁵. The Riverside FAQ describes the same three attempts and the same adults to leave the papers with².

Mail with an acknowledgment

The server mails the papers with a Notice and Acknowledgment of Receipt (form FL-117). Service is complete the day the other person signs, not the day the packet was mailed, and the spouse has 30 days from signing to respond. The server completes items 1, 2, 3(c), 4 and 5 of FL-115 and attaches the signed notice⁷.

Publication or posting

A judge must approve this method first. The Judicial Council’s publication page describes the order (form FL-982), publishing once a week for four weeks in a row, and a wait of 59 days from the day the newspaper first published before requesting a default. The petitioner pays the newspaper directly⁶. Riverside’s FAQ adds that a good-faith search for the spouse is required first (a letter to the last known address, asking neighbors, relatives and the employer, checking the internet and the County Recorder), stated in a declaration under penalty of perjury. It also says not to place a newspaper notice before the court orders it, and that the court has packets for “Service by Publication” and “Service by Posting and Mailing” and a court-approved newspaper list².

Good to know A fee waiver does not cover the newspaper’s charge. The Judicial Council’s publication page says so directly⁶.

• Out of state. The Judicial Council lists personal service, or registered or certified mail with a return receipt signed by the person served and mailed by someone other than the petitioner¹. The Riverside FAQ describes certified mail with a return receipt signed by the respondent, attached to FL-115, or the FL-117 notice².
• Another country. The Hague Convention may apply¹.
• Military. The Riverside FAQ says the Servicemembers Civil Relief Act prohibits entering a default judgment against an active duty member².
• Jail or prison. An official serves the papers¹.

The server completes and signs the proof of service of summons (form FL-115), and the petitioner files the original¹. The Judicial Council’s guide says “The court won’t proceed until this form is filed”¹. The Riverside packet lists it as Step 4 after serving, followed by waiting 30 days⁴. The judgment checklist (form FL-182) suggests filing the proof of service when the service date is wanted as the beginning of the six-month waiting period¹¹.

• Response. The respondent has 30 days after service to file a written response, except that substituted service and mailed acknowledgments run on the dates described above¹²⁵⁷.
• Six-month wait. A judgment of dissolution is not final until six months have expired from service of the summons and petition or the respondent’s appearance, whichever is first (Family Code section 2339)¹². The Riverside FAQ puts the soonest single date at six months and one day after service².
• Serving within 60 days. The court’s flow chart says to personally serve the other side with everything filed within 60 days of filing³.

After the first papers, a Request for Order is served too. The sources state different deadlines.

Sources disagree The Judicial Council’s guide says a Request for Order must be served at least 16 court days before the hearing, plus 5 calendar days if served by mail¹. Riverside’s Request for Order packet says that if the respondent has not filed a response, the request must be personally served by someone other than the petitioner at least 16 court days before the hearing, and that if a response has been filed, service can be by mail at least 21 calendar days before¹³. The packet’s dates are the court’s own; the hearing notice is the place to check them.

The proof is filed on FL-330 (personal service) or FL-335 (service by mail)¹³.