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Step 4: Tell the Court That You Have Served Your Forms

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The judge cannot hear your court case until you have filed your court forms properly, given (served) copies of these forms to your spouse or domestic partner, and then filed a form that shows that someone over 18 years old who is not connected to the court case served those forms in the right way.

First:

To prove to the court that your spouse or domestic partner has been served in the right way, the person who served these forms must fill one of the following forms and then give that form or forms back to you:

For Personal Service the person must fill out and sign one:

  • Proof of Service (Form FL-115) Opens new window

For Service by Mail the person must fill out and sign one:

  • Proof of Service (Form FL-115), indicating that your spouse or domestic partner was served by mail using the:

    •  Notice and Acknowledgment of Receipt (Form FL-117) Opens new window
  • The "Notice and Acknowledgment of Receipt" (Form FL-117), which has been signed by your spouse or domestic partner, must be attached to the Proof of Service of Summons and filed together at the court clerk's office.

Second:

  • You must make one copy of each Proof of Service form and mail or take these forms to the court clerk. The clerk will file and stamp all of the forms. The court will keep the original of each form, and will give the copies of these forms back to you.
  • KEEP YOUR COPY OF EACH PROOF OF SERVICE IN A SAFE PLACE and take it to any court hearing that has been scheduled in this case.

Next, California law requires that you and your spouse or partner give each other written information about what you own and what you owe. This is called "disclosure" – meaning the act of disclosing; revealing; making something known to the other person. For more information on exchanging information, click the "next" button.

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