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Rule 5.72.Court order for service by publication or posting when respondent’s address is unknown

Division 1. Family Rules · Chapter 4. Starting and Responding to a Family Law Case; Service of Papers · Article 4. Manner of Service · Last amended 2014 · Last verified September 10, 2026

In one sentenceRule 5.72 lets a petitioner who cannot find the respondent ask for an order allowing service by publication or by posting — with posting reserved for those eligible for a fee waiver.

Full Text of Rule 5.72

Text sizeJump to: (a) (b)

If the respondent cannot be found to be served a summons by any method described in Code of Civil Procedure sections 415.10 through 415.40, the petitioner may request an order for service of the summons by publication or posting under Code of Civil Procedure sections 415.50 and 413.30, respectively.
(a) Service of summons by publication or posting; forms
To request service of summons by publication or posting, the petitioner must complete and submit to the court Application for Order for Publication or Posting (form FL-980) and Order for Publication or Posting (form FL-982). Alternatively, petitioner may complete and submit to the court pleadings containing the same information as forms FL-980 and FL-982. The petitioner must list all the reasonable diligent efforts that have been made to find and serve the respondent.
(b) Service of summons by posting; additional requirements
Service of summons by posting may be ordered only if the court finds that the petitioner is eligible for a waiver of court fees and costs.
(1) To request service by posting, the petitioner must have obtained an order waiving court fees and costs. If the petitioner’s financial situation has improved since obtaining the approved order on court fee waiver, the petitioner must file a Notice to Court of Improved Financial Situation or Settlement (form FW-010). If the court finds that the petitioner no longer qualifies for a fee waiver, the court may order service by publication of the documents.
(2) Proof of Service by Posting (form FL-985) (or a pleading containing the same information as form FL-985) must be completed by the person who posted the documents and then filed with the court once posting is completed.
End

Plain-English Summary

This is the route of last resort. Where the respondent cannot be served by any of the ordinary methods, the petitioner may apply for an order permitting service by publication or posting. The application and proposed order go on their own forms, or on pleadings containing the same information, and the petitioner must list every reasonably diligent effort made to find and serve the respondent — a list, not an assertion.

Posting is the cheaper option and is rationed accordingly: the court may order it only on finding the petitioner eligible for a fee waiver, and the petitioner must have obtained a fee waiver order. A petitioner whose finances have improved must file a notice saying so, and if the court finds they no longer qualify, it may order publication instead. When posting is done, the person who posted completes the proof of service by posting and it is filed with the court.

Frequently Asked Questions

What if I cannot find my spouse to serve them?

You may apply for an order for service by publication or posting under rule 5.72, using Application for Order for Publication or Posting (form FL-980) and Order for Publication or Posting (form FL-982).

What do I have to show to get the order?

All the reasonably diligent efforts you have made to find and serve the respondent must be listed in the application.

Who can serve by posting instead of publishing?

Only a petitioner the court finds eligible for a waiver of court fees and costs, and who has obtained a fee waiver order. If the petitioner no longer qualifies, the court may order publication instead.

Amendment History

Rule 5.72 amended effective January 1, 2014; adopted effective January 1, 2013.

(Subd (b) amended effective January 1, 2014.)

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
Also known as: service by publication divorce Californiacannot find spouse to serveFL-980 publication postingservice by posting fee waiver