I have filed the response to the divorce claim filed by my spouse, the petitioner. I have been informed by her legal representative that I can send the filing to her office, but I am confused. Can I send those papers to her lawyer myself or do I need to have a thrid-party, server or otherwise, mail them on my behalf and do I need to have them complete and return Form 335(?) to acknowledge receipt of the response filing and file that with the court?
Thank you for your help.
First, yes, the Response (FL-120) can and should be sent to your spouse’s attorney instead of to your spouse. The same goes for all documents you will serve during the divorce proceedings. In general, most documents can be served by mail (FL-335).
Proper service is effectuated (done) through an adult third party (anyone 18 or above who is NOT a party to the case, specifically either you or your spouse). It does not, however, need to be a process server. You can use anyone, including friends and family. That person would sign a Proof of Service by Mail (FL-335), affirming that the documents were sent.
In our office, we generally serve an unfiled copy of the Response and then when we file the Response with the Court, we also file the Proof of Service at the same time.