Fl115 is proof of service of summons.
When do you need FL115?
The service of summons is one of the most important steps of your
divorce proceeding. FL 115 must be used not only for divorce, but for paternity action or for child custody/visitation. You file this form with the court after you received from the court the confirmed (filed) copies of the summons and petition and someone served the Respondent with those forms and additional blank forms.
How to fill FL115
The first part is for you to fill caption – your name, address, e-mail address, and phone number.
Below this, there is a third box where you write the name of the Petitioner, the Respondent. The next section stated, “attorney for”. If you are self-represented, place “ PRO PER”, pro per means you are representing yourself, without an attorney.
In the second box, you must write the county where your case was filed, the Name of the Court and Address of the court. You can copy the information about the courthouse from the FL-100 or FL200 whichever legal matter you are handling.
The next section – name of the petitioner and respondent. Please note that in the process of divorce regardless who will be the moving party, the petitioner and respondent are always the same. The petitioner is the one who filed the petition.
On the right side you will need to place the case number. The case number is on the upper right corner of your filed petition. When your petition was filed the clerk of the court stamped it with the case number.
The next line says “At the time of service I was at least 18 years of age and not a party to this action. I served the respondent with copies of:”
It is clearly stated that you cannot serve your spouse (or another parent) because you are a party of this case.
This form must be signed by someone who served (gave the paperwork) to the other party of the case. In case of a divorce to your spouse, in case of paternity to the other parent. You cannot serve your own paperwork on the respondent.
If you filed for divorce you check box 1 (a) Family Law—Marriage/Domestic Partnership: Petition—Marriage/Domestic Partnership (form FL-100), Summons (form FL-110), and blank Response—Marriage/Domestic Partnership (form FL-120).
If you file for Paternity you check box 1(b) Uniform Parentage: Petition to Establish Parental Relationship (form FL-200), Summons (form FL-210), and blank Response to Petition to Establish Parental Relationship (Form FL-220)
If you file for Child custody/Support you check box 1(c) Custody and Support: Petition for Custody and Support of Minor Children (form FL-260), Summons (form FL-210), and blank Response to Petition for Custody and Support of Minor Children (form FL-270)
Section 3 (d) needs to be marked only if you serve any of the forms listed under 3(d) 1-8. If you have children, you always need to serve on the respondent a completed and blank Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). Thus, you have to mark 3(d), 1.
3 (d) 1-8 is self-explanatory, except one moment where litigants are confused. If the petitioner has filed Request for Order (form FL-300) on the very earlier stage of divorce and served FL-300 and blank Responsive Declaration to Request for Order , they need to mark box 3(d), 7 AND mark “other” writing in 8 “ declaration”. Declaration should always be attached to FL-300.
The next section FL115 is address where the respondent was served. This section must always be filled. The place where the respondent was served might be not only the address he lives in, but any place the server gives to the Respondent documents- could be a grocery store, workplace, parks, parking lot, etc.
In the section (3) FL115 the server needs to specify means the Respondent was served:
It is either: Personal service, Substituted service or mail and acknowledgment service. If it was a personal service, the server needs to place the date and time when the respondent was served,
If someone else who lives with him was served or his employment place, you should write the name of the person who was served with the documents.
Mark 3 (1) (Business) a person at least 18 years of age who was apparently in charge at the office or usual place of business of the respondent. I informed him or her of the general nature of the papers if the service was done in the place of the respondent business
And 3(2) (Home) a competent member of the household (at least 18 years of age) at the home of the respondent. I informed him or her of the general nature of the papers if it was at home.
An important point is if you do substituted proof of service, you need to mail the whole package of the documents to the place respondent’s home or work, depending on where you served him and in the next box place the date you have mailed it.
The second page of FL115 starts with the petitioner and respondent’s names, case number.
If you serve by mail, you need to check the box Mail and acknowledgment service (1) or (2) depending on if it was in the California or other states. If it is in California, you need to check “ I mailed the copies to the respondent, addressed as shown in item 2, by first-class mail, postage prepaid, on Other with two copies of the Notice and Acknowledgment of Receipt (form FL-117) and a postage-paid return envelope addressed to me” and to attach completed Notice and Acknowledgment of Receipt (form FL-117. If you mailed to an address outside California (by registered or certified mail with return receipt requested) you need to attach a signed return receipt or other evidence of actual delivery to the respondent.
In section 4 of the FL115 you need to write the name and address of the person who served paper on the Respondent.
Section 4 (a) exempt from registration under Business and Professions Code section 22350(b) is marked if police officer, someone appointed from the court, and certain other rare situations.
If your server is your friend or relative, he/she needs to mark 4(b) not a registered California process server.
You should always mark 5 “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct” unless the Respondent was served by a California sheriff, marshal, or constable.
WHAT IS FL115
PROOF OF SERVICE OF SUMMONS
WHEN DO YOU NEED FL115
YOU NEED TO FILE FL 115 AFTER YOU HAVE RECIEVED THE FILED SUMMONS AND PETITION AND SERVED THE RESPONDENT
The person who served the Respondent must sign and date FL115. You can safely download FL115 from the superior court website
If you have questions call 714-390-3766
DOWNLOAD FL115 from our website click PDF below:
In order for you to be comfortable with filling FL150 for a divorce, we found this video :