Several specific questions about California divorce papers come up repeatedly: are divorce papers public record, who can serve divorce papers, do both parties have to sign divorce papers, and do I have to sign divorce papers if I disagree. This page answers each directly.
Are Divorce Papers Public Record in California?
Are divorce papers public record in California? Generally yes — court filings are public records in California, and divorce petitions, responses, and judgments are accessible through the superior court's public access system. However, financial documents such as the Income and Expense Declaration (FL-150) and Schedule of Assets and Debts (FL-142) are confidential and not available to the public. Riverside county divorce forms and Orange County filings follow the same rules — the petition is public, the financial disclosures are not.
Who Can Serve Divorce Papers in California?
Who can serve divorce papers in California? Any person who is at least 18 years old and not a party to the case can serve divorce papers. You cannot serve your own divorce papers on your spouse. Common choices: a professional process server, a sheriff's deputy, or a trusted adult friend or family member (over 18, not named in the case). The server must complete a Proof of Service form (FL-115) confirming the date, time, and method of service.
Do Both Parties Have to Sign Divorce Papers?
Do both parties have to sign divorce papers? For a contested divorce, no — one spouse can obtain a divorce without the other's cooperation. Do I have to sign divorce papers? If you are the respondent, you are not required to sign anything — but failing to file a response within 30 days allows the petitioner to proceed by default. If you refuse to participate, the court can still grant the divorce on the petitioner's terms. For an uncontested divorce where both parties agree, both spouses typically sign the marital settlement agreement. Furubotten Law, APC handles all phases of California divorce proceedings. Call (714) 795-3862 for a complimentary case evaluation.