Q: I think my spouse improperly served me FL 300 documents by serving them himself ?
I think my spouse improperly served me FL 320 documents. The day he filed them and mailed it out to me (proof of service signed by his girlfriend) he sent me the documents in image formats on the talking parents app. Basically he knows I have no lawyer and I don’t understand how to file or respond to court fillings and wanted to stress me out and couldn’t wait for me to get it by mail so he sent me pictures of the fl-300 and fl-335. Can this void his request from court ?
A: Sounds like you were served by mail and someone other than him, signed the proof of service. Sounds like you were also sent "courtesy copies" by attachment to a Talking Parents communication. I don't understand the problem. Serving you by mail and having someone sign the proof of service who is not also a party, is an acceptable form of service. The fact that he also sent it to you in another format does not void the motion.
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A:
Based on the information provided, it seems there may be some issues with how your spouse served you the FL-300 (Request for Order) and FL-335 (Proof of Service by Mail) documents under California law. Here are a few key points to consider:
1. Proper service: In California, the party filing the documents (in this case, your spouse) cannot serve the documents themselves. They must have someone who is over 18 and not a party to the case serve the documents on their behalf.
2. Proof of Service: The FL-335 form is used to prove that the documents were properly served by mail. If your spouse's girlfriend signed the Proof of Service, it might be considered improper, as she may have a conflict of interest.
3. Electronic communication: Sending you images of the documents via the Talking Parents app does not constitute proper legal service in California. Proper service must be done through mail or personal delivery by a third party.
While these issues with service may not automatically void your spouse's request, you can bring them to the court's attention by filing a responsive declaration (Form FL-320) and explaining the situation. You can also consider attending the hearing and explaining to the judge that you believe you were not properly served.
It is highly recommended that you seek legal advice from a family law attorney or a legal aid organization to better understand your rights and options in this situation. They can provide more specific guidance based on the details of your case and help you navigate the legal process.
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