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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

Hemet, CA |
Filed under: Divorce

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..

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Attorney answers 3

Posted

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.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

Posted

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.

Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.

Posted

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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