Forms & Paperwork
How to Fill Out Form FL-115 (Proof of Service of Summons)
Quick answer
Form FL-115 proves to the court that your spouse was legally notified of the divorce. You cannot serve the papers yourself. The person who physically hands the papers to your spouse (the "server") must fill out and sign the FL-115 under penalty of perjury, detailing exactly when, where, and how the papers were delivered.
Filing your divorce papers at the courthouse is only step one. Step two is proving to the judge that your spouse actually received them. For the complete list of California divorce forms, see our master checklist.
In California, you cannot just hand the divorce papers to your spouse over dinner. The law requires formal "Service of Process." Form FL-115 is the document that proves you followed the rules.
The Golden Rule: You Cannot Serve Your Own Papers
Under California Code of Civil Procedure Section 414.10, a party to a lawsuit cannot serve the papers for that lawsuit. As the Petitioner, you are legally prohibited from handing the FL-100 and FL-110 to your spouse. You must read how to serve divorce papers in California before you go any further.
You must find a "server." The server must be:
- At least 18 years old
- Not a party to the case (not you, and ideally not your children)
How the Server Fills Out the FL-115
Section 1 & 2: What Was Served?
The server must check the boxes indicating exactly which documents they handed to your spouse, which must include the FL-110 Summons, the FL-100 Petition, the FL-105 (if you have minor children), and a blank FL-120 Response form so your spouse can answer the petition.
Section 3: Who Was Served?
The server writes your spouse's full name here. If they handed the papers to someone else, that requires a more complex process called "substituted service." Always aim for personal service directly to the spouse.
Section 4: How and When Were They Served?
The most critical section. The server must check box 4(a) for Personal Service and write down the exact date, exact time (e.g., 4:15 PM), and exact physical address where the hand-off occurred. The 30-day response clock starts ticking on this exact date.
Section 5 & 6: The Server's Information
The server provides their name, address, and phone number. If you used a friend, they check box 5(a) indicating they are not a registered California process server.
The Signature
The server signs and dates the bottom of page 2 under penalty of perjury.
What to Do With the Completed FL-115
Once your server has filled out and signed the FL-115, they give it back to you. You file the original signed FL-115 (and one copy) at the courthouse. The clerk stamps it and keeps the original.
Do not lose this document. If your spouse ignores the divorce and you want to proceed by default, the judge looks directly at the filed FL-115. If it is missing or the dates are wrong, the judge will not grant your default judgment.
Avoid the most common service mistakes — start your divorce packet and we'll include a pre-filled FL-115 for your server.
Frequently asked questions
Can I mail the divorce papers to my spouse?
What if my spouse refuses to take the papers from the server?
What if I don't know where my spouse is?
DivorceFastCA provides self-directed document preparation services at your specific direction. We are not a law firm and cannot provide legal advice. If you have complex assets, business interests, or a contested custody dispute, consult a licensed California family law attorney.
