My question involves a marriage in the state of: riverside County
Can my 30 year son who lives with his dad serve the divorce papers?
Thank you
My question involves a marriage in the state of: riverside County
Can my 30 year son who lives with his dad serve the divorce papers?
Thank you
Assuming you mean Riverside County California, yes.
https://www.courts.ca.gov/selfhelp-s...eLocaleAttr=en
The “server” or “process server” can be:
A friend or relative;
A coworker;
A county sheriff or marshal;
A professional process server; or
Anyone over 18 who is NOT part of the case.
In all cases, the “server” or “process server” MUST:
Be 18 years old or older;
Not be a party to the case;
Serve the paperwork on the other side in the time require;
Fill out a proof of service form that tells the court whom they served, when, where, and how; and
Return the proof of service to you so you can file it with the court.
thank you
Serve what divorce papers?
Section 414.10 of the California Code of Civil Procedure states, "A summons may be served by any person who is at least 18 years of age and not a party to the action."
Obviously, a 30-year old is a "person who is at least 18 years of age," so that leaves only one question. Is he or is he not "a party to the action"? If he is, then he may not legally serve the summons and petition for dissolution. If he is not, then he may do so. Note that, in general, the only thing that requires service in this manner is the summons and petition. Once those documents have been properly served, just about everything else may be served by mail.
Just a thought but my parents's divorce was very contentious. Had either of them asked me to serve the other with papers, that parent would have been told to take a long walk off of a short pier. I would not recommend putting your son in this position.
I am an abused woman. My husband said he was going to move out. He came back. And my son lives with us. I'm in the middle of restraining order. Please don't judge a person without getting all the facts. I will be moving out for my safety I just trying to save some money to find a room to rent. Thank you for all those he gave me honest help without judgement. We are in COV19 and things are way more difficult to find a place but God willing I will.