What is an FL-115 Form, and Who Fills It Out?
The FL-115 Form is a California family law form that must be completed after a spouse has been served with divorce paperwork. Divorce court processes are paperwork-intensive, and completing this form is required to make sure you're properly following California family law rules.
What is Form FL-115?
When you file a divorce petition with the court, you must provide official notice of the divorce to your spouse – even if they already know you're filing for divorce. The FL-115 is a proof of service form that proves you did your due diligence by notifying your spouse legally of the divorce.
If you plan to serve divorce papers on your spouse, you must follow the appropriate protocol for your location. In California, you can serve your spouse by delivering the documents in person or having them served by a process server.
- If you choose to deliver the documents in person without a process server, make sure you're not the one delivering the documents. Under California law, you can have any disinterested person over the age of 18 serve your spouse.
- Hiring a professional process server costs money, but by doing so, you hire a person who knows how to serve documents in accordance with California law. Professional process servers are skilled and experienced at getting legal documents to people quickly and effectively. They also know what courts need to prove someone was served.
Suggested: How to Serve Divorce Papers in California
Who fills out an FL-115?
The person who serves your spouse is the one to fill out the FL-115. This is yet another reason to hire a professional process server. They know how to complete the form, and they know they must get it back to you quickly so you can file it with the court clerk.
FAQ
What if my spouse lives outside of California?
If personal service (in-person service) is not possible because your spouse lives in another state, you may be able to send them notice of the divorce process through certified mail. Click here to read more. And, if your spouse lives outside of the country, you may want to get a little legal advice before you try the process. Any mistakes could lead to you having to start all over again, delaying your divorce process.
Why can’t I just hand-deliver the papers?
A more formal process is needed because, although you may have the best intentions, you must have proof of service and an acknowledgment of service. Otherwise, the court has no way of knowing if the respondent was properly notified about the divorce
If you have a friend or acquaintance serve your spouse rather than a professional process server, you run the risk of them serving your spouse incorrectly. This could lead to serious problems for your divorce case.
Hello Divorce can help you with questions related to your divorce paperwork. In fact, when you purchase one of our flat-rate online divorce plans, we do much of the work for you – including serving your spouse with certain plans. To speak with one of our friendly account coordinators about which plan would be best for your situation, please view our calendar and schedule a free 15-minute phone consultation.
