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WHAT OPTIONS ARE AVAILABLE IN A FLORIDA DIVORCE WHEN THE RESPONDENT IS AVOIDING SERVICE

Posted by LEISA WINTZ | Aug 08, 2024 | 0 Comments

In Florida, if the respondent in a divorce case is avoiding service, you have several options to ensure they are properly served. Here are the primary methods:

  1. Personal Service by Sheriff or Private Process Server:
    • The petitioner can hire the sheriff's office or a private process server to personally deliver the divorce papers to the respondent. If the respondent is actively avoiding service, the process server may make multiple attempts, including at different times and locations.
  2. Constructive Service (Service by Publication):
    • If personal service is not possible because the respondent is avoiding or their whereabouts are unknown, the petitioner can seek approval from the court to serve by publication. This involves publishing a notice of the divorce in a newspaper that is published in the county where the case is filed. Specific steps include:
      • Filing an affidavit of diligent search and inquiry detailing the efforts made to locate the respondent.
      • The notice must be published once a week for four consecutive weeks.
      • After publication, a proof of publication must be filed with the court.
  3. Substitute Service:
    • If the respondent is avoiding service at their residence, the process server may leave the papers with any person residing at the respondent's usual place of abode who is 15 years of age or older and inform them of the contents.
  4. Service by Mail:
    • In some cases, if the respondent agrees, the divorce papers can be served by mail. The respondent must sign an Acceptance of Service, acknowledging receipt of the documents.
  5. Service on an Attorney:
    • If the respondent has an attorney, the papers can be served on the attorney, provided the attorney accepts service on behalf of the respondent.
  6. Service Outside the State:
    • If the respondent is out of state, they can be served according to the service rules of the state where they are located or by any method reasonably calculated to give actual notice.

It's important to follow all statutory procedures precisely to ensure service is valid and to avoid delays in the divorce proceedings. Consulting with a process server or legal professional experienced in Florida family law can help navigate these options effectively.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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