Spousal Service: How and Where Your Spouse Can Be Served for Divorce
La Jolla, CA – When considering divorce in California, the ideal situation would be for both parties to be completely onboard with the idea. The marriage didn’t work out, and now you two can go your separate ways and hopefully remain friends.
Unfortunately, most marriages don’t end up this way. Instead of being amicable, the situation usually plays out where one party wants a divorce and the other doesn’t. How do you break the news? One way to do is to schedule an appointment with a California family law attorney and have your spouse served with divorce papers.
Service by Mail
One way to serve your spouse divorce papers is to have them served by mail. Your spouse will need to sign a document known as a “notice and acknowledgment of receipt.” That document will then be mailed to your divorce attorney, and your spouse will have a certain amount of time to file a response.
There are certain cases where “service of process” should not be handled by the postal service. These cases include:
- There is reason to believe that your spouse may try to evade service.
- There is domestic violence of issues with custody, visitation, child support and spousal support that require immediate consideration.
- You suspect your spouse may try to file divorce in another jurisdiction, such as another county or state.
On the other hand, if you and your spouse can agree to sit down and discuss the complexities of the divorce process before the process begins, that would be the best case scenario.
Some items to discuss should include:
- Where will each spouse live? If there is a house involved, who will retain ownership of the house after the divorce?
- What will happen with the children? How will both of you handle visitation, especially during special occasions like the holidays and birthdays?
- What financial arrangements can the two of you make? Spousal support and child support should also enter the discussion.
If you and your spouse can resolve these issues early, the divorce will be a much easier process on both of you, and any children the two of you share. If you and your spouse come to a standstill on any issues, such as financial support or visitation, sit down with your California family attorney to discuss possible resolutions.
While the final decision of the divorce won’t come about until each of you has done your mandatory disclosures, talking about how you will handle the divorce as the process begins will assure a timely and far less stressful divorce process.
When Service is an Only Option
When sitting down with your spouse is not an option, such as when your spouse lives out of state or there is domestic violence or substance abuse to contend with, having your spouse served through your divorce attorney is the best course of action.
To learn more about serving your spouse with divorce papers and to begin your divorce on the right foot, contact the California family attorneys at Griffith, Young, and Lass by calling (858) 345-1720 in Carlsbad and (858) 345-1720 in San Diego.
Call now to ask about our new La Jolla, California location!
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