I filed for divorce friday...he resides in Ensenada Mexico..how is the correct way to serve him? can his sister serve him for me

Asked about 1 year ago - Hemet, CA

i have been seperated for over 20 years he went to mexico after being in prison and deported..my daughter is 24 so i just want a plain simple divorce..i havent heard or seen him since he left..how do i serve him...we have nothing together so we arent fighting anything..i want to know if his mother or sister can serve him they are legal here or is there a way i have to do it..the court clerk didnt know ..she said you just serve him and have the server sign the paperwork..please help..

Attorney answers (3)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Yes, his sister can serve him. After she does, have her fill out a proof of service setting forth when, where, and what time she served him. The form can be found here: http://www.courts.ca.gov/documents/fl115.pdf Good luck.

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  2. David Raymond Mahood

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I once had a case in which my client's wife lived in Mexico. My client's brother served the wife's mother with the divorce papers and completed the proper California service of summons form, and in the end we obtained the judgment of divorce. After the final judgment of divorce was filed the Mexican embassy sent a letter to me and to the judge objecting to the divorce, however, it was too late, and the judgment could not be undone. Besides, the Mexican consulate had no right to send a letter to the judge. For whatever reason, they did not seem to know the procedure for undoing a judgment; certainly it was improper to just send a letter. In any event, have the sister serve the papers and fill out the service of summons, and it should be fine. I suggest you consult with an attorney to make sure you do everything right the first time. Otherwise, if something is done wrong, you will have to serve the divorce papers again, and the sister might not be willing to do this again. Just a word to the wise.

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  3. Gregory Paul Benton

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The sister may serve him personally for you but you can't serve him personally. Make sure you file a proof of personal service with the court.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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