How To Serve Divorce Papers in Florida
Getting a divorce in Florida begins with filing and serving divorce papers. While Florida divorce laws only require one person to consent, the filing spouse must serve the other spouse with divorce papers to notify them about the legal proceedings. In Florida, there are specific protocols for serving divorce papers. Whether your spouse lives in the state or elsewhere may dictate how you serve the documents. In this article, we take you through how to serve divorce papers to your spouse, to ensure you have clarity and comply with Florida’s legal requirements.
Why Do You Need To Serve Your Spouse With Divorce Papers?
Florida is a no-fault divorce state. This means that either spouse can file for divorce for any reason or no reason at all. In a no-fault divorce state, only one spouse’s consent is required for the divorce to go forward. However, since getting a divorce affects both spouses equally, the law requires that the filing spouse notify the other spouse about the divorce proceedings. This process is known as service of process.
Service of process is a crucial legal step in the divorce process. It upholds due process, allowing the non-filing spouse to respond and contest the case. Serving divorce papers gives both parties an equal opportunity to participate in the divorce proceedings and present their arguments. It ensures the other spouse knows their rights and obligations during the legal proceedings.
In Florida, once you file your divorce papers and serve them to your spouse, they have 20 days to respond. If your spouse fails to respond, it can lead to a default judgment in your favor.
Serving Papers to a Spouse in Florida
Before serving papers to your spouse, you must file a Petition for Dissolution of Marriage with the court in the county where you or your spouse resides. This document outlines your desire to end the marriage and may include requests for divorce-related matters, such as alimony, property division, timesharing, and child support.
Florida law does not allow petitioners (the filing spouse) to personally serve respondents (the non-filing spouse) with the divorce papers, even if they live in the same home. A respondent who is in the state of Florida can be served through one of the following methods;
- Sheriff’s Station
The sheriff in the county where the respondent resides can serve the papers, or they can designate another certified person to serve the documents on their behalf. This is a cost-effective option.
- Private Process Server
This is a certified professional who operates privately to deliver legal documents, including divorce papers. Because they only specialize in the service of legal papers, they often offer a quicker and more efficient process.
- Constructive Service
Constructive service may be necessary if you cannot track down your spouse. This option involves publishing a notice of action in a newspaper that serves the other party’s last known address.
Serving Papers to a Spouse in Another State
If your spouse is in another state, the service must comply with Florida laws and the other state’s laws. The following are some of the common out-of-state methods for serving divorce papers;
- Using a certified process server in the other state
- Sending the paper via certified mail, with a return receipt requested
- Constructive service by publication
It’s crucial to note that after serving your spouse with the papers, you must file a written proof of service, signed by the person who served the papers.
Contact an Orlando Divorce Lawyer
Our skilled Orlando divorce lawyers at The Arwani Law Firm can guide you through every step of the divorce process. Contact us today to schedule a consultation.
