Learn how the process of serving your family law court forms, such as Dissolution (Divorce) or Domestic Violence Restraining Order (DVRO) papers in California. This page covers an introduction to service, server requirements, options for service, as well as a step-by-step overview of serving your papers.
How to Serve Family Law Court Forms in California
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1. What is Service?
Key Terms
Service of Process
After court forms and documents are filed, California law requires that the other party in the case be given official notice through a legal process known as service of process.
Service
Service means that a person other than you—who is at least 18 years old and not involved in your case—must personally hand or mail a copy of the file-stamped (also known as “conformed” or “endorsed”) court forms and documents to the other party. These include all documents the court has ordered served.
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Under California law, a Temporary Restraining Order (TRO) is not legally enforceable against the restrained party until they are served with a copy of the order. The court also cannot make permanent orders at the hearing unless proper service of the request for restraining order forms has occurred.
2. Server Requirements & Options for Service
Who Can Serve Court Papers?
Under California law, the person who completes service must meet all of the following:
Be 18 years old or older
&
NOT be involved in the case
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This means that the server:
Cannot be a party in the case,
Cannot be protected by any current restraining order, and
Cannot be someone the court is being asked to protect.
Server Options
When choosing who serves your court papers, you have multiple lawful options:
1. Service by Sheriff’s Office (Free or Small Fee)
The sheriff’s office in each county may offer service of process in family law matters. This is generally free or low cost. In most cases, the sheriff will notify the person requesting service once service is completed. If a case involves a move-out order, law enforcement may assist with enforcing that order.
Form SER-001 (Request for Sheriff to Serve Court Papers) is typically required to initiate service through law enforcement.
2. Service by Neutral Third Party (Free)
Any adult meeting the server requirements may hand-deliver the required court forms and documents. The court may require that the server appear at the hearing if questions arise about how service was completed.
Divorce Cases: For instructions, see Form FL-330-INFO
DVRO Cases: For instructions, see Form DV-200-INFO
3. Service by Professional Process Server (Paid)
You may hire a registered process server to deliver the required court forms and documents. Process servers are professionals who are familiar with the legal requirements for completing service and can provide a proof of service form for filing with the court. Hiring a process server may reduce the risk of service errors or delays. The court may still require the process server to appear at the hearing if questions arise about how service was completed.
3. Step-by-Step Overview
Step 1: Determine Your Deadline for Service
I. Domestic Violence Restraining Order Proceedings:
Unless the court orders otherwise, service must be completed at least 5 days before the scheduled hearing.
This requirement is based on California Family Code § 243(a), and the court may modify this deadline under Family Code § 243(b).
To confirm the deadline, review Form DV-109 (Notice of Court Hearing):
Page 1, Item 3 shows the hearing date.
Page 2, Item 6 indicates how many days before the hearing the forms must be served and which forms must be included.
If no number is listed in Item 6, the law defaults to 5 days before the hearing.
Respondents must also follow service requirements if they file a written response to the court before the hearing.
This deadline also applies in the following DVRO proceedings:
Request to Change or End a DVRO (Forms DV-300 / DV-310)
Renew a DVRO (Forms DV-700 / DV-710)
Request a DVRO (Forms DV-100 / DV-109)
II. Divorce (Dissolution of Marriage) Proceedings:
Standard Filing:
Unless the court orders otherwise, the petitioner must typically serve their spouse with the divorce Petition and Summons within 60 days of filing to avoid potential dismissal. However, technically, the law allows up to 3 years to serve.
Note: The divorce cannot be finalized until at least six months from the date the respondent spouse is served with the Petition and Summons (forms FL-100, FL-110, and attachments).
Joint Filing:
Joint divorce petitioners generally do not need to serve the Joint Petition papers onto one another.
In a joint Petition filing (forms FL-700, FL-710, and attachments), both spouses file for divorce together as co-petitioners. This means that they are already aware of the action and have agreed to the process, effectively eliminating the need for formal service of process
Step 2: Serve Your Papers on the Other Party
The method of service depends on the type of request and party in the case:
Petitioners: Personal Service Typically Required
The court forms and any blank response forms ordered to be served must be personally handed to the other party by someone meeting the legal server requirements.
Service by mail does not meet this requirement.
If the other party refuses to accept the documents, the server may leave them in the party’s presence (e.g., on the ground or another surface nearby) and note the refusal on the Proof of Service.
Blank Response Forms:
While petitioners are not required to file blank response forms with the court, they must typically be served alongside the filed documents on to the respondent party.
Respondents: Personal Service or Service by Mail Allowed
Respondents may typically serve the other party either by:
First-class mail*, or
Personal delivery (via a third party, process server, or sheriff).
*If choosing service by mail:
The server must mail the documents early enough for the other party to receive them before the deadline for service.
Certified mail is not required and may not meet legal requirements under Code of Civil Procedure § 1013(a).
The documents must be mailed to the correct address of the party or their attorney, if represented.
The server who mails the documents must complete and sign the Proof of Service by Mail (typically form DV-250 in a DVRO proceeding or form FL-350 in a divorce proceeding).
Step 3: Proof of Service
After service is completed, the server must fill out the appropriate Proof of Service form.
Which Proof of Service form do I need?
DVRO Proceedings
Personal Service:
DV-200, Proof of Personal Service
Service by Mail:
DV-250, Proof of Service by Mail
Divorce Proceedings
Personal Service:
FL-115 (for service of Petition and Summons)
FL-330 (for service of forms filed after the Petition and Summons)
Service by Mail:
FL-117 (for service of Petition and Summons)
FL-350 (for service of Response, if applicable)
Sheriff or Process Servers:
May use their own equivalent form
May use their own equivalent form
Proof of Service forms must include:
A list of the documents served
The date and time of service
Where service occurred
The server’s signature
Once completed:
The original proof of service must be filed with the court.
A file-stamped copy should be kept by the filing party and brought to the hearing.
Additional, Court-Approved DVRO Resources About Service
For official guidance from the California courts:
Service instructions for specific DVRO case types:
Last Updated: March 2026