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JaxLawyer
JaxLawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 259
Experience:  I have been practicing family law for eight years in several states.
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Whats the legally appropriate way to serve California divorce

Customer Question

What's the legally appropriate way to serve California divorce papers to an American living in Austria? Are personal service and certified mail, both legally accepted methods by the California court?
Submitted: 7 years ago.
Category: Family Law
Expert:  JaxLawyer replied 7 years ago.

California will accept whatever method of service is acceptable in Austria, or you can petition the court for permission to serve the papers by alternative method, i.e. personal service or certified mail.

Customer: replied 7 years ago.
Thanks for the previous answer. How does one petition the California court to serve papers in Austria by personal service?
Expert:  JaxLawyer replied 7 years ago.

Once you file the petition and have the summons issued, you will then have a case number XXXXX the case will be assigned to a judge. You have to file a "Motion for Alternative Service". If you need a template, you should contact the family law self-help center (most courts have one) and ask if they have forms for motions. You can use the template for any motion (i.e. if all you can find is a Motion for Contempt, you can follow that format because all motions are basically the same).

 

Once you file the Motion, you have to request a hearing where you will go before the judge and explain the circumstances and why you need permission for an alternative form of service.

JaxLawyer and 5 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you! I'd be interested to know if you have experience with Hague Convention Cases.
Expert:  JaxLawyer replied 7 years ago.
I have limited experience with international cases, but only German child support cases.