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Issues with serving your spouse?

You have made the decision to move on. However, your spouse is not around or worse they are not cooperating and evading service. What is one to do in that situation? The law does not allow absence or gamesmanship to interfere with the process of dissolving a marriage. Fortunately there are alternative methods to serving your spouse. Call us today at 510-571-7860 to schedule your free Divorce, Family Law and/or Service consultation. Two of the most common alternative ways to serve your spouse are:


1. Substituted Service

2. Publication in the newspaper


Substituted Service:

After 3 attempts are made to serve the individual at their residence or place of business, you may leave it with an adult at the residence or place of business. Please see below for the complete code section that governs substituted service. Call us today at 510-571-7860 to schedule your free Divorce, Family Law and/or Service consultation.

ARTICLE 3. Manner of Service of Summons [415.10 - 415.95]

  ( Article 3 added by Stats. 1969, Ch. 1610. )

415.20.  

(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

(b) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, and by thereafter mailing a copy of the summons and of the complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. Service of a summons in this manner is deemed complete on the 10th day after the mailing.

(c) Notwithstanding subdivision (b), if the only address reasonably known for the person to be served is a private mailbox obtained through a commercial mail receiving agency, service of process may be effected on the first delivery attempt by leaving a copy of the summons and complaint with the commercial mail receiving agency in the manner described in subdivision (d) of Section 17538.5 of the Business and Professions Code.

(Amended by Stats. 2017, Ch. 129, Sec. 1. (AB 1093) Effective January 1, 2018.)


Newspaper Publication:

Not sure where the residence or place of business is for your spouse? Not to worry you can ask the Court to serve your spouse by Newspaper publication. Please see below for the complete code section that governs this method of service. Call us today at 510-571-7860 to schedule your free Divorce, Family Law and/or Service consultation.


California Code, Code of Civil Procedure - CCP § 763.010

(a) The form, content, and manner of the service of summons shall be the same as in civil actions generally.

(b) If upon affidavit it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve summons on the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication pursuant to Section 415.50 and the provisions of this article.  The court may, in its discretion, appoint a referee to investigate whether the plaintiff has used reasonable diligence to ascertain the identity and residence of persons sought to be served by publication, and the court may rely on the report of the referee instead of the affidavit of the plaintiff in making the order for service by publication.

(c) Nothing in this section authorizes service by publication upon any person named as an unknown defendant who is in open and actual possession of the property.


Call us today at 510-571-7860 to schedule your free Divorce, Family Law and/or Service consultation.



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