Hi and welcome to JA. I am Ray and will be the expert helping you today.
Divorce here in California is filed in Superior Court and you need personal service while he is visiting.This would allow for your divorce to move forward in this situation.Federal Court rules do not apply here to a divorce.
I would suggest you spend the money for a private process server.They are more diligent and will work at odd hours and holidays to serve the person while they are here.
Personal service" means that someone – NOT a party to the case – must personally delivery the court documents to the other side.
In “personal service”:
- The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
- The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
- If the party being served does not want to take the papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
- The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
- Personal service is complete the day the papers are served.
You service by mail may be valid, if you complete the proof of service..
In "service by mail," someone – NOT a party to the case – must mail the documents to the other party.
For “service by mail”:
- The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. If it is a business, the papers must be mailed to the owner(s) at the business’s main office. If the business has an agent for service, the papers should be mailed to the agent for service. Learn more about serving a business.
- The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (by first-class mail), and where they were mailed from. The server signs the Proof of Service and returns it to you to file in court.
- Service by mail is complete 5 days after the papers are mailed.
Here is the proof of service you need to complete.
I would try to serve the person again using a private process server if they are going to be in California.Then there is no doubt and service cannot be challenged.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.