Rule 5.68.Manner of service of summons and petition; response; jurisdiction

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 4. Manner of Service · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.68 sets out how a family law summons and petition must be served, when the court’s jurisdiction attaches, and how a revoked joint petition is served.

Full Text of Rule 5.68

Text sizeJump to: (a) (b) (c) (d)

(a) Service of summons and petition

The petitioner must arrange to serve the other party with a summons, petition, and other papers as required by one of the following methods:

(1) Personal service (Code Civ. Proc., § 415.10);

(2) Substituted service (Code Civ. Proc., § 415.20);

(3) Service by mail with a notice and acknowledgment of receipt (Code Civ. Proc., § 415.30);

(4) Service on person outside of the state (Code Civ. Proc., § 415.40);

(5) Service on a person residing outside of the United States, which must be done in compliance with service rules of the following:

(A) Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; or

(B) Inter-American Convention on Letters Rogatory and the Additional Protocol to the Inter-American Convention on Letters Rogatory.

(6) Service by posting or publication (Code Civ. Proc., §§ 415.50 and 413.30).

(b) Service of response to petition

A response to a family law petition may be served by the methods described in (a) but may also be served by mail without notice and acknowledgment of receipt.

The court has jurisdiction over the parties and control of all subsequent proceedings from the time of service of the summons and a copy of the petition. A general appearance of the respondent is equivalent to personal service within this state of the summons and a copy of the petition on the respondent.

(d) Service of pleading revoking joint petition

If either party revokes a joint petition under Family Code section 2342.5(b), the revoking party must serve a copy of the following documents on the other party in the same manner as service of a notice or motion (Code Civ. Proc, § 1010 et seq.):

(1) A completed and filed pleading revoking the joint petition (amended Petition—Marriage/Domestic Partnership (form FL-100) or amended Response—Marriage/Domestic Partnership (form FL-120)); and

(2) A completed and filed Notice of Revocation of Joint Petition (form FL-720).

End

Plain-English Summary

Service follows the civil methods, listed here so a family law litigant does not have to assemble them: personal service, substituted service, service by mail with a notice and acknowledgment of receipt, service on a person outside California, service on a person outside the United States, and service by posting or publication. Service abroad must comply with the Hague Service Convention or the Inter-American Convention on Letters Rogatory and its Additional Protocol.

A response is easier to serve. It may go by any of those methods, and it may also be served by mail without a notice and acknowledgment of receipt.

Subdivision (c) is the jurisdictional hinge: the court has jurisdiction over the parties and control of all subsequent proceedings from the time the summons and a copy of the petition are served, and a general appearance is equivalent to personal service within California.

Where a joint petition is revoked, the revoking party must serve the amended petition or response and the notice of revocation in the manner used for a notice or motion.

Frequently Asked Questions

How can divorce papers be served in California?

By personal service, substituted service, mail with a notice and acknowledgment of receipt, service on a person outside the state, service on a person outside the United States under the applicable convention, or posting or publication.

When does the court get jurisdiction over the parties?

From the time of service of the summons and a copy of the petition. A general appearance by the respondent is equivalent to personal service within the state.

How is a response served?

By any of the methods for the petition, and also by mail without a notice and acknowledgment of receipt.

What if we filed jointly and one of us revokes?

The revoking party must serve the other with the filed pleading revoking the joint petition and the Notice of Revocation of Joint Petition, in the same manner as a notice or motion.

Amendment History

Rule 5.68 amended effective January 1, 2026; adopted effective January 1, 2013; previously amended effective January 1, 2024.

(Subd (a) amended effective January 1, 2014.) (Subd (c) amended effective January 1, 2026.) (Subd (d) adopted effective January 1, 2026.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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