California’s FL-115 Form: Proof of Service of Summons

In California, divorce typically takes six months. A custody battle can last just as long, if not upwards of a year in some cases. During these months there are countless forms, processes, and emotions involved for both parties. Among these many moving pieces is form FL-115, the Proof of Service of Summons. 

Communication is an essential component of any family legal process, whether it’s a divorce, parentage, or custody case. Form FL-115 helps ensure this communication, acting almost as a receipt. And unlike many forms involved in the California family legal process, FL-115 is fairly straightforward and quick—especially when you know what to look for.

Ideally, both parties involved in a divorce or custody matter are aware it is, or will be happening. Regardless of whether both parties know, it’s important that the courts have proof that the divorce proceedings have been established. Form FL-115 provides exactly that.

The importance of proper service

Trust is foundational to a successful family legal matter. Because of this, it’s important that the right avenues are taken when delivering form FL-115 to the receiving party. To ensure honest, proper delivery, there are a few routes:

• Personal service: Any disinterested party over the age of 18 may deliver the summons on your behalf. This can be a friend or relative, or a hired professional.

• Substituted service: This occurs when the delivering party leaves the summons with a business or individual associated with the receiving party. The recipient must be at least 18 years old.

• Service by mail: It’s possible to mail form FL-115 to the other party. However, the success of this depends on the recipient signing and mailing the form back, which can further delay proceedings.

Regardless of the route taken, it’s essential that the recipient is 18 and responsible enough to get the form to the other party in the case.

Legal consequences of improper service

Improper delivery or service of the summons can, at best, result in the case being delayed. This  typically occurs when the serving party has to fill out an amended FL-115.

That being said, improper service can also result in dismissal of the case or invalidation of the court orders. In this case, the entire process has to be started over again, resetting the clock.

How to fill out form FL-115

Unlike many legal forms, FL-115 is fairly straightforward and short. Still, it’s essential every step is completed accurately and completely, otherwise you risk the case being thrown out.

Keep in mind the person serving the form is the one signing it, not the party initiating the process. This could be your legal office, or someone they’re electing. In either event, the initiating party is not signing it.

1. Filling out contact information

At the top of form FL-115 is a space for various contact and court information. Here, your client or you yourself will fill out your party’s name, address, email, and other contact info. Next, you’ll fill out the contact information for the court in your party’s county.

2. Select the reason for serving form FL-115

Beneath the box at the top of form FL-115 is a space to select the reason for serving the form. Check the correct box, and make sure you have included the relevant supporting forms.

• Family Law: Marriage/Domestic Partnership (FL-100), Summons (FL-110), blank Response (FL-120)
• Uniform Parentage: Petition to Establish Parental Relationship (FL-200), Summons (FL-210), blank response (FL-220)
• Custody and Support: Petition for Custody and Support of Minor Children (FL-260), Summons (FL-210), and blank response (FL-220)

Each of the supporting documents must be filled out completely and accurately as well, otherwise you can delay the process or risk dismissal.

3. Fill out the receiving address

Next, fill out the address of the receiving party. If the person is at home, then it should be their home address. If it’s their place of work, it should be their place of work, and so on.

4. Detail how the form is being served

Here, you’ll indicate how the form is being served. You have a few options that correspond with those mentioned earlier:

• Personal service
• Substituted service: Business or Home
• Mail and acknowledgment service

In the event of a substituted service, make sure the address matches where the recipient was. If they were at their business, it should match. If they met at a local cafe, it should have that address.

5. Complete info for serving party

In the next section, you’ll fill out the information for the person serving the form itself. Fill out their name and address, and then select the box that indicates their relationship to the party.

Lastly, the delivering party should sign and date the form at the bottom.

Things to avoid when filing FL-115

While form FL-115 is straightforward for the most part, there are still some common mistakes that can occur. And again, any of these mistakes can result in anything from a delaying of the case to dismissal.

• • Including incorrect/incomplete service information: Selecting the wrong service method box, or failing to include complete server information, can result in the form being null and void.
  • Using an ineligible server: Keep in mind the server must be 18 and must be a disinterested party. If the person is underage or too close to the serving party, this calls into question the validity of the form and the case.

• Omitting dates or locations: Incorrect dates on the form or supporting forms, as well as incomplete or inaccurate address information can require an amended form or again, delay the case or have it dismissed.
• Deploying an improper service method: Beyond mailing the form or using a personal/substituted service method, other avenues are prohibited. Emailing or contacting the recipient through social media, especially without court approval, will result in dismissal and potential reciprocating legal action.

The entire family legal proceeding depends on the timely and accurate filing of form FL-115. Any of the above mistakes, or simply being late on the form, will only make the entire process take longer.

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Why FL-115 is important

Form FL-115 is crucial to family legal matters involving parentage, custody, or divorce. There are a few reasons this form plays such a vital role.

• Ensuring compliance with court rules: Form FL-115 establishes that the executing party is complying with California law by using the proper service method.
• Protecting client rights: Because form FL-115 allows only a few service methods, it ensures both parties are having their client rights respected, including privacy.
• Preventing case delays: Lastly, form FL-115 makes sure both parties are aware of the proceedings, and helps prevent any delays in the steps that follow.

Communication and decency go a long way in a family legal matter. Form FL-115 serves to encourage that behavior.

Additional tips for lawyers handling FL-115

Despite form FL-115 being quick to complete, there are still some tips that can make the process even smoother for you and your client.

• Choosing the right server: If both parties are on good terms, the choice of server and method isn’t as delicate. If there’s tension or any complicating matters, consider hiring a professional server that’s accustomed to handling difficult or delicate situations.
• Confirming proper documentation: Before filing form FL-115 with the court, make sure all the details are accurate. Furthermore, make sure any required supporting forms are completed accurately and ahead of time.
• Preparing for disputes: By completing the form accurately and by the book, you’re making it harder to dispute the delivery. Still, discuss potential complications with your client and keep any and all records involved in case it goes to court.

Conclusion

There’s no getting around the oft-difficult emotions that come with many family legal cases. But, when you’re completing FL-115 accurately and quickly, you’re ensuring the process goes as smoothly as possible. And, you’re playing a vital part in respecting the rights of both clients.

Like most common legal forms, form FL-115 doesn’t have to be painful. Consult with your client, make sure you’ve got all the proper supporting forms, and get it right the first time. Then, you’ll be well on your way to a legal proceeding that’s as pain-free as possible. 

Categorized in: California Legal Forms