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Service of divorce petition in California by posting and mailing

Service of a summons and petition by posting and mailing in a dissolution (divorce) case in California is the topic of this blog post. Assuming that they meet the qualifications, a petitioner in a California divorce may obtain an order from the Court pursuant to Code of Civil Procedure section 413.30 allowing for service of the summons and petition by posting in the Courthouse and by mailing a copy of the summons and petition to the last known address of the respondent.

These types of applications are filed on a regular basis in larger counties. For example at the Lamoreaux Justice Center in Orange County the notice board is directly in front of the clerk’s office on the seventh floor where divorce and other family law paperwork is filed.

The petitioner must make a showing to the Court that they have diligently attempted to locate the respondent and have been unable to do so, and that they cannot afford to pay for publication in a legal newspaper.   The application is much more likely to be granted if the petitioner was previously granted a Fee Waiver by the Court.

Code of Civil Procedure § 413.30 states: “Where no provision is made in this chapter or other law for the service of summons. The court in which the action is pending may direct that the summons be served in a manner which is reasonably calculated to give actual notice to the party served and that proof of such service be made as prescribed by the court.”

A California Court of Appeal has stated that the court may order service on a respondent who cannot be located at his or her last known address by mail and posted notice under Code of Civil Procedure section 413.30 if the petitioner cannot afford to pay for the costs of publication and has submitted a proper application.

The California Court of Appeal cited Boddie v. Connecticut (1971) 401 U.S. 371, 382 in which the United States Supreme Court stated that service by mail at the party’s last known address and posted notice “is equally effective as publication in a newspaper.

Attorneys or parties in California who would like to view a portion of an 8 page sample request for service of divorce petition by posting containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proposed order sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit Subscribe to FREE weekly legal newsletter for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

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