Download: Proof of Service of Petition and Summons in California

Filing for divorce in California is one thing. But until your spouse is formally notified and you have documented that notification with the court, your case cannot move forward. That documentation is Form FL-115, the Proof of Service of Summons. It is one of the most important forms in the early stages of your California divorce, and skipping or incorrectly completing it can bring your entire case to a halt.

What is Form FL-115 and why does it matter?

Form FL-115, officially titled the Proof of Service of Summons, is a California Judicial Council form that serves one specific purpose: confirming to the court that your spouse received the legal documents that formally notified them of your divorce filing. Think of it as a legally binding receipt, signed under penalty of perjury by the person who did the serving.

Due process is a foundational right in the American legal system. California Courts require that before any judge can make decisions affecting your spouse, that spouse must have been given a fair opportunity to respond. FL-115 is what proves that opportunity was given. Without it filed on record, a judge has no legal basis to move your case toward a hearing or a judgment.

This form is used specifically for divorce, legal separation, nullity of marriage, and parentage or custody cases. It is filed after you serve your spouse, not before. And critically, you have 60 days from the date you filed your petition to complete and document service. Missing that window can result in your case being dismissed.

What documents need to be served on your spouse?

Before your server hands anything to your spouse, you need to have the right packet of documents ready. The server delivers your filed copies, not the originals. Make sure you have received your stamped copies back from the court before anyone attempts service.

The standard document packet for a California divorce includes:

• FL-100 (Petition for Dissolution of Marriage). This is the document you filed to initiate the divorce. Your spouse needs a copy so they know what you are requesting.
• FL-110 (Summons). The summons notifies your spouse of the legal action and spells out automatic temporary restraining orders that take effect immediately on both of you, such as the prohibition on moving assets or taking children out of state.
• FL-120 (blank Response form). California law requires you to give your spouse a blank copy of the response form. You fill nothing in. They receive it so they have the tool to reply if they choose to.
• FL-105 (UCCJEA Declaration), if you have minor children. The UCCJEA form establishes where your children have lived and which state has jurisdiction over custody decisions. If there are children under 18, this form is required in your service packet.
• Any local county forms. Some counties require additional forms specific to their court. Check with your local family court clerk to confirm whether any county-specific documents need to be included in the packet.

Once your server delivers this packet, they will complete FL-115 based on what they served and how. The checkboxes on the form correspond directly to the documents listed above, so being thorough with your packet keeps the form straightforward to fill out.

The 3 approved methods of service in California

One rule applies no matter which method you choose: you cannot serve the papers yourself. California law requires that service be performed by a disinterested third party who is at least 18 years old and is not a party to the case. That means you hand off the packet to someone else, and they do the delivering.

Here are the three methods the court accepts:

• Personal service. Someone physically hands the documents to your spouse in person. This is the most straightforward method and the one the court prefers. The server can be a trusted friend or family member over 18, or you can hire a professional process server. County sheriffs in some jurisdictions will also serve papers for a fee, typically ranging from $40 to $100.
• Substituted service. If your spouse is not available for personal service after multiple genuine attempts, the server can leave the documents with a responsible adult at your spouse's home or workplace, and then mail a copy to the same address. Substituted service has specific timing requirements, so work carefully with your server to document every step.
• Service by mail with Form FL-117 (Notice and Acknowledgment of Receipt). If you and your spouse are on cooperative terms, your server can mail the documents along with Form FL-117. Your spouse must then sign and return that form within 20 days. If they do not return it, the service is considered invalid and you will need to use another method. This approach only works when your spouse agrees to cooperate.

There is a fourth scenario worth knowing about: service by publication. This is only available as a last resort when you cannot locate your spouse despite a thorough, documented search. To use it, you must petition the court for permission, demonstrate that you have exhausted reasonable search methods, and then arrange to publish a legal notice in a court-approved newspaper, typically once a week for four consecutive weeks. The court reviews your evidence before granting permission, and the process adds time and cost to your case. Service by publication does not apply when you know where your spouse is but they are avoiding service. In that situation, a professional process server remains your best path to valid personal service.

For more detail on each of these options and how to handle difficult situations, see our full guide to serving divorce papers in California.

How to complete and file Form FL-115

After service is complete, your server fills out FL-115. You can help them gather the details, but the signature on the form must be theirs, not yours. The form is signed under penalty of perjury, so every field needs to be accurate. Here is what the form captures:

• Caption information. The petitioner's name and contact information go at the top. If you are representing yourself, write "In Pro Per" in the attorney field.
• Section 1: Documents served. Your server checks the boxes matching what was served. For a standard divorce packet, this includes the FL-100 petition, FL-110 summons, and blank FL-120 response. If you have minor children, they also check the box for the FL-105 UCCJEA.
• Section 2: Address where served. The exact address where service occurred is entered here, whether that was a home, a workplace, or wherever your spouse was located. This field is required even for mail service.
• Section 3: Method of service. Your server checks the box for the method used: personal service (3a), substituted service (3b), or mail and acknowledgment (3c or 3d depending on location). For personal service, they also record the date and exact time, including AM or PM. Do not skip the time field; it is a common error that creates complications.
• Server information and signature. Your server prints their name, provides their address (or their employer's address if they are a professional process server), and signs the form. If service was done by a California sheriff, marshal, or constable, they certify rather than declare under penalty of perjury.

If mail service was used and your spouse signed Form FL-117, that signed form must be attached to FL-115 before filing. Both documents go to the court together.

To file, bring the original FL-115 and two copies to the family court clerk's office in the county where you filed your petition. The clerk will stamp and return one copy for your records. You can also file by mail by sending the original plus two copies and a self-addressed stamped envelope for the clerk to return your copies. Once filed, ask for a conformed copy for your personal file.

Download the forms you need directly from the California Courts website, or access them through your Hello Divorce account, where court-approved versions are organized for you by step in the process.

What happens after service is complete?

Once your FL-115 is filed with the court, two clocks start running simultaneously. The first is your spouse's response window: they have 30 days from the date of service to file a Response (FL-120). If mail service was used, that clock starts on the date your spouse signed the FL-117, not the date the documents were mailed. The second clock is the six-month minimum waiting period that California law sets before a divorce can be finalized. That period begins on the date service was completed.

If your spouse responds within 30 days, both of you move forward as active parties in the case. If your spouse does not respond, you have the option to request a default judgment by filing Form FL-165 with the court. A default allows you to proceed with your divorce without your spouse's participation, though the court will still review your requests before issuing any orders.

Your spouse can challenge whether service was valid if they believe they were not properly served. This is one of the strongest reasons to use a professional process server and to make sure FL-115 is filled out completely and accurately. Detailed documentation makes any challenge far less likely to succeed.

After service, both spouses are also required to exchange financial disclosure documents. This step is separate from service but is equally required. The court will not finalize your divorce without proof that both parties completed financial disclosures. If you are navigating these next steps on your own, our article on what happens after filing your divorce petition and response walks you through each stage in order.

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