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#227570 - 11/02/09 03:56 PM Serving the Judgment
mr2fyre Offline
Member

Registered: 11/02/09
Posts: 6
What is the name of your state (only U.S. law)? California

I finally have the judgment in my hand, and now i am left to finish the divorce by serving the judgment to my spouse.

i can't find any documentation for how to do this or a Proof of Service form to fill out and file. For that matter only half of the instructions out there even state that serving the judgment on your spouse is necessary.

So first question is, "is it necessary to serve the judgment on your spouse?"

Section question is, "what is the proper proof of service form to use?"

I have filled out the FL-190 and the court has mailed the judgment to my spouse, so she already had a copy.

Any information would help.

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#227582 - 11/02/09 05:37 PM Re: Serving the Judgment [Re: mr2fyre]
justche Offline
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Registered: 07/13/05
Posts: 810
When I had my annulment finalized in California, I didn't have to serve him with the judgment (final decision). I received the final documents from the court in the mail and it was done.

I don't see any requirements from a quick google search that you need to serve the judgment papers, just the original summons.

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#227586 - 11/02/09 06:03 PM Re: Serving the Judgment [Re: justche]
mr2fyre Offline
Member

Registered: 11/02/09
Posts: 6
Here is an excerpt from the Self Help Site: http://www.courtinfo.ca.gov/selfhelp/family/divorce/step5.htm

This is what brought up my question. I am just trying to make sure that i did not miss anything. My judgment has been returned and it has the stamp and signature. So only the serving part is left in question.




When will the court process be over?
The court process is over when:

* The clerk returns your filed Judgment,
* You have the Judgment served on your spouse or domestic partner, and
* Your Judgment has a stamp in the upper right corner and the judge's name is stamped on the line for judge's signature.

Save your copy of the Judgment so that you can show how and when your marital status ended (for divorces).

If there are minor children and your case was uncontested, your Judgment also includes your child custody, visitation, and support orders.


Edited by mr2fyre (11/02/09 06:05 PM)

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#227587 - 11/02/09 06:20 PM Re: Serving the Judgment [Re: mr2fyre]
justche Offline
Expert
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Registered: 07/13/05
Posts: 810
So you have the filed judgment
Your spouse has received it
and your judgment has a stamp with judge's signature?

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#227588 - 11/02/09 06:28 PM Re: Serving the Judgment [Re: justche]
mr2fyre Offline
Member

Registered: 11/02/09
Posts: 6
Yes that is correct.

The court mailed the judgment per FL-190 to my spouse and myself.

But somewhere it stated that the judgment needed to be served by someone, not myself to my spoouse, and then the Proof of Service Filed with the clerk.

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#227589 - 11/02/09 06:31 PM Re: Serving the Judgment [Re: mr2fyre]
justche Offline
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Registered: 07/13/05
Posts: 810
My initial thought is that the county served it by mail - I guess I would call the county clerk's office and ask them if there is anything further to be done on your end, or if what they did counts as service.

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#227609 - 11/03/09 10:23 AM Re: Serving the Judgment [Re: mr2fyre]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Originally Posted By: mr2fyre
Yes that is correct. The court mailed the judgment per FL-190 to my spouse and myself. But somewhere it stated that the judgment needed to be served by someone, not myself to my spoouse, and then the Proof of Service Filed with the clerk.
Are you certain that you read correctly? If the courts sent both parties a copy of the final judgment, that would seem like service was completed - by the courts.
_________________________
Disclaimer:Not actual legal advice!

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#227612 - 11/03/09 11:06 AM Re: Serving the Judgment [Re: Tali_Llama]
mr2fyre Offline
Member

Registered: 11/02/09
Posts: 6
This is from the California Courts: self help center: website: http://www.courtinfo.ca.gov/selfhelp/family/divorce/step5.htm

Final Details and Reminders

1. Make sure someone - not you - serves the filed copy of the Judgment on your former spouse or domestic partner. Then, file the Proof of Service with the court clerk.


That is why I am confused, it seems obvious that the court has already delivered the Judgment, based on the FL-190:Notice if Entry of Judgment.

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