CAN I SERVE AN OSC ON MY EX-HUSBAND BY MAIL?

QUESTION: I have an Order to Show Cause that I need to serve on my ex husband. Can I do it by mail? I do not live near him.

MY RESPONSE:

A party cannot serve documents on the other party, whether by mail or otherwise.

If your husband has appeared in the case by filing and serving a Response, you can have somebody else, over the age of 18 years, serve the documents on your husband by mail, and the server would have to complete and sign a Proof of Service by Mail, a copy of which would accompany the papers that he/she serves by mail on your husband, the original of which would be filed with the Clerk of the Court.

Also, there are new rules in effect which require that, for service of post-judgment Motions or Orders to Show Cause by mail, the server must first verify the mailing address to be the actual mailing address of the party served by mail, before serving by mail, and the Proof of Service needs to set forth the facts of such verification.

If your husband didn't file a Response in the Divorce Case, you should have him personally served by a Process Server, who would provide you a completed Proof of Personal Service for you to file with the Clerk of the Court.


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 |