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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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.
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