WHAT SHOULD DO IF I WASN'T PROPERLY SERVED WITH A DIVORCE?

QUESTION: Does someone need to physically hand you documents in order to serve divorce papers? Last night my 15-year old son son was home alone and someone knocked at the door. He knows not to open the door to strangers, so he spoke to the woman through the door. She said she was there to serve me with divorce papers, but since I wasn't home she just left them on the mat outside the door. I thought that to be served someone had to physically hand you the papers. Does the way she delivered them make me legally obligated to do anything?

MY ANSWER: If someone is making personal service, the server must hand the documents to the person served.

Since your son is under 18 years old, substitute service (service on somebody at your home over the age of 18 AND mailing a copy of the same documents to you at your home) cannot be used.

You weren't personally served, and even had the server handed the documents to your underage child, that service would not have been proper service.

However, you need to be cautious and diligent, because the server may misrepresent who she served and how she served the papers in her Proof of Service, and your spouse could request the Court to enter your default and proceed to get a judgment against you without your participation.

I would recommend that you set an appointment with an experienced Family Law Attorney, and bring the papers that were left at your door (keeping a copy for yourself), to determine what your options and risks are if you don't file a Response.

Considering the likelihood that you will ultimately be served, it may be appropriate just to file a Response and proceed with and participate in the divorce. If you don't respond to the Petition, the cost of attacking improper service may not justify the risk you would take by ignoring the papers that were left at your door.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |