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www.courtinfo.ca.gov -> Self help Search 난에서 ->
"Legal Separation form" 을 찾으시면 다음과 같은 설명서가 나옵니다.
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Step 2: Serve Your First Set of Court Forms
Click on a topic below:
Why must I serve my spouse or domestic partner?
Two Types of Service
Who can serve my papers?
Proof of Service
How to Serve the Local Child Support Agency
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Why must I serve my spouse or domestic partner?
The law says your spouse or domestic partner must be told that you have started the legal process for a divorce, legal separation, or annulment. The judge can't make any orders or judgments unless and until your spouse or domestic partner has been properly "served."
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Two Types of Service
Personal service: Usually, your papers must be "personally" served on your spouse or domestic partner. That means that someone - not you - must personally give each of the forms you filed with the court AND a blank Response-Marriage (form FL-120 for married people or form FL-123 for domestic partners) to your spouse or domestic partner.
The server must:
Be 18 or older,
Not be involved in your case, and
Fill out the Proof of Service.
Service by mail: If you and your spouse or domestic partner are cooperating on your family law case, and your spouse or domestic partner agrees to accept service by mail, this is the easiest and least expensive way to serve the papers.
Someone - not you - must mail copies of each of the forms you filed with the court, a blank Response-Marriage (form FL-120 for married people or form FL-123 for domestic partners), 2 copies of the Notice and Acknowledgment of Receipt - Family Law (form FL-117), and an envelope with first-class postage that is addressed to you.
The server must:
Be 18 or older,
Not be involved in your case, and
Fill out the Proof of Service.
Form FL-117 shows the court that your spouse or domestic partner received your forms. Your spouse must sign and date it and return it to you. If your spouse or domestic partner does not sign, date, and return this form to you, you must have him or her personally served with the forms.
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Who can serve my papers?
The server can be a:
friend,
relative,
county sheriff, or
process server.
If you hire a process server, give them a photo of your spouse or domestic partner and a list of times and places when it will be easy to find that person. Look for a process server close to where your spouse or domestic partner lives or works. Fees are often based on how far the server has to travel. So, this will save you money.
Remember: You can't be the server for your own case.
Alert! Contact a lawyer if:
You don't know where your spouse or domestic partner is;
Your spouse or domestic partner is in the military, in jail, or living out of state; or
You're having a difficult time serving the forms.
In some counties the family law facilitator can help you with these problems. Click here for help finding a lawyer.
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Proof of Service
You must show the court that your spouse or domestic partner was properly served. The process for proving your forms were served depends on how your spouse or domestic partner was served.
If your spouse or domestic partner was served in person, the person that served the forms must fill out a Proof of Service of Summons (Family Law, Uniform Parentage, Custody and Support) (form FL-115) and say when and where the papers were given to your spouse or domestic partner. Then, file this form at the court clerk's office. Keep the filed-stamped copy that the clerk gives to you for your records.
If your spouse or domestic partner was served by mail, the person that served the forms must fill out a Proof of Service of Summons (Family Law, Uniform Parentage, Custody and Support) (form FL-115) and say your spouse or domestic partner was served by mail using Notice and Acknowledgment of Receipt - Family Law (form FL-117). Attach the FL-117 that your spouse or domestic partner signed and returned to you to the Proof of Service of Summons. Then, file this form at the court clerk's office. Keep the filed-stamped copy that the clerk gives to you for your records.
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How to Serve the Local Child Support Agency
If you or your spouse or domestic partner gets money or help from the government for a child of this relationship (or if you have a support action pending with the local child support agency), you must also serve a copy of your filed forms on the child support agency's office in the county where the benefits are being paid.
The child support agency can be served by mail. Use Proof of Service by Mail (form FL-335). Form FL-335 is only used to prove service by mail to nonparties (people not involved in the case). You can't use this form as proof of service to your spouse or domestic partner.
Click here to locate the address and phone number of the local child support agency in your county.
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Form FL-120 ( Legal Separation Form ) 과
Form FL-115 ( Child Custody & Support Form ) 을
File 하시고 상기에 내용대로 "Serve" 하시면 되겠습니다..!!
작성일2009-08-03 11:56
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