After filing, an adult other than the petitioner must deliver the required papers by a legally permitted method. The person who actually served the papers completes the proof, describing what was delivered, when, where, and how. FL-115 is the Judicial Council’s proof of personal service form. It is not a universal form for every method: notice and acknowledgment generally uses FL-117, and substituted, publication, or court-authorized service can require a different proof and order.
1. Confirm the filed packet
Service begins with the filed documents, not a draft. In a typical dissolution, the packet includes the filed Petition—Marriage (FL-100) and Summons (FL-110). A case involving children may also require the UCCJEA information in FL-105 and other papers. The exact packet changes with the relief requested and current court instructions.
Before handing over the packet, compare every page with the filed copy:
- court name, case number, caption, and party names;
- filed date and clerk’s stamp;
- summons and required notices;
- child-custody, support, or temporary-order papers that must accompany service; and
- attachments incorporated into the petition or requested orders.
Do not serve an unfiled petition, a packet from a different case, or a page that omits an attachment. Keep a complete copy for the petitioner and server.
2. Choose a legally permitted method
The petitioner generally cannot be the server. Use an eligible adult, usually at least 18 and not a party, who can identify the recipient and later describe the event under penalty of perjury. A professional process server is not always required, but a server who cannot accurately recall the event can create a proof problem.
Personal service
For personal service, the server hands the required papers to the respondent in the manner required by the current rules and form instructions. A text, email, conversation, or a spouse’s knowledge that a case exists is not automatically service. A recipient’s refusal to accept or sign does not mean the server should leave the papers or improvise; the method and facts should be handled according to the applicable rule.
Notice and acknowledgment
Service by mail with a notice and acknowledgment depends on the recipient signing and returning the acknowledgment. The related proof is FL-117, not FL-115. If the acknowledgment is not returned, mailing alone may not complete service through that method. Do not treat certified-mail tracking or an unsigned receipt as interchangeable with a completed acknowledgment.
Substitute, out-of-state, or alternate service
Leaving papers with another person, serving a spouse outside California, serving by publication, or using another court-approved method has additional requirements. The method may require reasonable diligence, a particular address, a second mailing, a declaration, or a prior court order. See what happens if a spouse lives out of state or cannot be found before selecting a method simply because it seems convenient.
3. Have the server complete FL-115
The server—not the petitioner—should complete the factual portions of FL-115 after the event. Review the current PDF and compare each answer with what actually happened:
- Correct court, caption, and case number.
- Respondent’s identity and the server’s identity.
- Date, time, and location of delivery.
- Every document actually delivered, including attachments.
- The method by which each document was delivered.
- Any address, description, or other detail the form requests.
The server signs under penalty of perjury. Never ask someone to sign for a delivery they did not make, guess at a date, or copy a planned service entry after the event changed. Do not erase or rewrite a filed proof informally. If an error is found before filing, use the current instructions to correct or replace it; if it has already been filed, ask the clerk or obtain advice about the proper corrective filing.
FL-115 documents personal service; it does not cure an invalid delivery. A perfectly completed form cannot turn an unauthorized server or wrong method into valid service.
4. File the proof and calendar the response
File the completed proof as directed by the Superior Court and retain a conformed or filed copy. Keep the served packet, the signed proof, any acknowledgment, and any order authorizing alternate service together.
Calendar the respondent’s response period from legally valid service, not from a conversation, attempted delivery, or an unsigned mailing. In an ordinary California dissolution, the respondent generally has 30 days after valid service to respond, but the operative date and consequences can depend on the method and papers served. Check the current summons, Judicial Council instructions, and court rules. Also calendar any hearing, disclosure, or temporary-order date in the packet. Service does not itself decide custody, support, or property issues.
If the respondent does not file a response, that does not erase the service requirement. A default path has its own forms and limits on what the court may grant. If the spouse refuses to sign an agreement, see what to do if a spouse refuses to participate or sign.
A practical service-day checklist
- Give the server the filed packet and current Judicial Council instructions.
- Confirm the server is an eligible adult and is not the petitioner or respondent.
- Provide accurate identifying and safety information without directing unlawful contact.
- Record what was delivered, where, when, and by which method.
- Ask the server to review every answer before signing.
- Use FL-115 only when the event and current instructions call for personal-service proof.
- File the completed proof promptly as the court directs.
- Keep filed copies and calculate the response date from valid service.
If service creates a safety risk, do not disclose a protected address or arrange contact without a safety plan. A process server or qualified court resource can discuss safer logistics; an urgent safety issue may require emergency assistance rather than ordinary service planning.
Common questions
Can I serve the papers myself?
Generally, the petitioner does not personally serve the respondent. Use an eligible nonparty adult and confirm the current requirements.
Is FL-115 used for service by mail?
Not for notice and acknowledgment. FL-117 is associated with that method. Other methods can require another proof or court approval.
Does an email or text count?
Not automatically. Informal notice is not the same as completing a legally authorized service method. Obtain method-specific guidance before relying on electronic delivery.
What if the respondent refuses to take the papers?
Do not change the facts on FL-115 or ask the server to sign a delivery that did not occur. The server should follow the rules governing the attempted method; another method may be needed.
What if the spouse is outside California or missing?
Known out-of-state service and court-authorized alternate service have separate rules. Preserve the address information and search efforts, then use the dedicated out-of-state and missing-spouse guide.