Does my spouse need to be served with divorce papers?

Yes, in order to initiate a divorce in California, it is necessary for one spouse to serve their partner with the proper divorce papers. This is done by the filing spouse either personally handing the papers to the other party, or by having someone else, usually an adult over the age of 18, serve the papers to the other spouse. When a person is served with divorce papers, they are then formally notified of the action being taken against them and are legally referred to as the “Respondent” in the divorce proceeding. Upon being served, the Respondent must provide a response to the divorce petition within 30 days. They can agree to the terms in the divorce or contest the divorce in court. In California, if the Respondent does not file a response within 30 days of being served, the divorce is considered uncontested and the court can proceed to grant the dissolution of the marriage. Therefore, it is necessary for one spouse to serve the other with the proper divorce papers for the court to be involved and for the divorce process to move forward.

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