Understanding a Process Server’s Part in Filing for Divorce in California
Posted on: February 14, 2020
Anytime a person is about to initiate a legal claim – which could be filing a divorce petition or filing for custody of your children – a notice will have to be served to the other party to alert them that there is a legal process occurring. This serves to ensure that they have an appropriate amount of time to prepare and then respond to the legal occurrence.
Keep reading about the roll a process serve plays in this process. If you have questions about the divorce process or other family law questions, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What Exactly is a Process Server?
They can do many things, such as file papers and retrieve documents from the courthouse, but essential to your case will be their work serving legal documents. To “serve” means that a server has presented legal docs to a person who is involved in the court case. After the papers are served, the process server offers proof of service.
Thought process servers generally work for a company, they do not have to. There is no official training required – they can be just an individual or they can work for a business. The only real qualifications are that they are not a party in the suit and they are at least 18 years old. If they serve upwards of ten documents each year, then they are required to register with the county in which they live.
Process Servers Can Fill Several Roles
It is not uncommon for the person receiving the process to not want to receive it. When this happens, they may think that if they simply avoid touching it, then the lawsuit cannot go on and they will not have to go to court. This is false. A process server can take several steps if the person being served does not readily accept the service.
The most reliable way of serving is for the process server to physically deliver the document to the person they are serving. If they make several attempts to do so and are not successful, then the process server can leave the documents with another person, provided that person lives at the residence where the served person does, or is in charge at the served person’s place of business. Additionally, the person served by proxy must be at least 18 years old.
There Are Other Options in Place
While the above are examples of some of the most common ways in which a process server attempts to serve, they are not the only ones. The server has several other options to prevent a person from holding up a case indefinitely by simply refusing to be served. If you questions about this or other steps in the divorce process, contact Law Office of Michael L. Fell now at (949) 585-9055 to request a consutlation.