FL-115 Form California: The Real Purpose, The Right Proof Form, And How To Serve By Mail Correctly
Quick clarity before we start
In California family law there are two different proof forms that people mix up all the time. In my practice, I see this error weekly, and it can stall a case for months.
- FL-115 is “Proof of Service of Summons.” It is used to prove the initial service of the Summons and Petition in a family law case. You do not use FL-115 to show service by mail.
- FL-335 is “Proof of Service by Mail.” It is used to prove that later documents in your family case were served by mail after the case has already been opened.
If you remember nothing else, remember this pairing: Summons = FL-115. Mail service for later filings = FL-335.
Why proof of service matters
California courts cannot act until the other side has been properly notified. Proper notice protects everyone’s rights and keeps your case moving. If the wrong proof form is filed, clerks often reject it, hearings get continued, and deadlines slide. The fix is simple, use the right method and the right form.
When to use which form
Use FL-115, Proof of Service of Summons, when:
- You are serving the Summons (FL-110) and the Petition to start a divorce, legal separation, parentage, or similar family case.
- That service must be personal, not by mail, unless the respondent signs a Notice and Acknowledgment of Receipt.
Use FL-335, Proof of Service by Mail, when:
- You are serving later documents after the case is opened, for example: financial disclosures, a Response, a Request for Order and supporting papers, or hearing notices, and service by mail is allowed.
How service by mail works in family cases
Who can serve
- Any adult, 18 or older, not a party to the case. That means not you. A friend, a coworker, or a professional process server can do it.
Where and how to mail
- Mail to the other party’s current service address, or to their attorney if they have one.
- First-class mail is usually fine. Certified mail is optional unless a local rule or a specific order requires it.
Extra time for deadlines
- When you serve by mail within California, the law adds 5 calendar days to the other party’s response deadline. Plan your filing and hearing dates with that cushion in mind. (This timing rule is one big reason I prefer filing proofs promptly.)
Step-by-step: serving by mail and completing FL-335
- Prepare the packet
Include every document you intend to serve. If you have a hearing, check any local rules for extra documents. - Have your server mail it
Your server, not you, places the packet in the mail. I tell servers to note the exact date, the full address, and the contents. - Fill out FL-335
- Caption: case name, case number, and court address.
- List each document served, by form number and title if possible.
- Write the name and full address of the person served.
- Check “by mail.” Add the mailing date and the city and state where it was mailed.
- Your server signs the declaration under penalty of perjury.
California Courts’ self-help guidance confirms FL-335 is the correct proof for mail service.
- File the proof
File the original FL-335 with the court. Keep a file-stamped copy for your records.
Common mistakes I fix all the time
- Using FL-115 to prove mail service. Courts reject it because FL-115 is for Summons service only. Use FL-335 for mail service.
- Serving the initial Summons by mail without a signed acknowledgment. Initial service needs personal delivery, or a proper acknowledgment of receipt.
- Forgetting to list a document on FL-335. If it was mailed, it needs to be listed. Attach a page if you need space.
- Having the party serve their own papers. The server must be a non-party adult.
- Missing the 5-day mail cushion. Build deadlines around the added time for mail service.
When mail service is not appropriate
- Starting the case. Summons and Petition require personal service, proved with FL-115.
- Domestic violence restraining order requests. These are generally personal service items.
- Out-of-state or hard-to-find parties. You may need special methods. In those situations, I advise getting legal guidance before you serve.
Practical tips from my desk
- Be specific on the proof. Write “FL-150 Income and Expense Declaration” rather than “financial forms.”
- File proofs promptly. If the other side claims they were not served, your filed proof becomes your shield.
- Use a consistent service address. If the other side has an attorney, serve the attorney. If the other side moves, update the address before you mail anything time-sensitive.
- Consider a professional server for contested cases. The small fee is worth the certainty when service is challenged.
Helpful official resources
- California Courts, FL-115 Proof of Service of Summons overview, confirming FL-115’s purpose and use at the start of a case.
- California Courts Self-Help, guidance that you can use FL-335 Proof of Service by Mail to document mail service in family cases.
- California Courts Self-Help, general “Serve your Answer” guide, reinforcing that you cannot serve your own papers and that another adult must mail or hand-deliver them
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