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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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When I amend filing for "Divorce" (which has already been served)

Customer Question

When I amend filing for "Divorce" (which has already been served) and change it to "Legal Separation" does the respondent need to be served in person by a process server again, or can they be sent the amended document via mail or email?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel. That is correct. You need to have the Amended Complaint served. It cannot be mailed. You can use anyone who is over the age of 18 and not a party to the matter to do the service.
Customer: replied 1 year ago.
And that is in all states. That is in the sate of CALIFORNIA, correct?
Expert:  Samuel II replied 1 year ago.
Yes. That is correct. An amended Complaint and Summons can not be mailed.
Expert:  Samuel II replied 1 year ago.
You also can discuss a waiver of service with the respondent and if they agree you can get that form from the clerk and then you can mail that to the respondent and when they return that signed you can mail the amended complaint.
Customer: replied 1 year ago.
So, if I tell the respondent (who is knowing this is coming -- we agreed to change this to "Legal Separation) and I ask the clerk for a "waiver of service" at the court house, fill out the form, the respondent can also sign the waiver with the amended petition and send it back to me. In that case, no process server required?
Expert:  Samuel II replied 1 year ago.
Yes. That would be correct. I suggest you discuss it with the Respondent and then get the Waiver Form and mail it to him and when you get that back then mail the Amended Complaint and file the Waiver with the court.
Customer: replied 1 year ago.
Thank you very much.
Expert:  Samuel II replied 1 year ago.
You're welcome. Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.