How to Serve Divorce Papers in Florida

If you are considering divorce and are the first to file, you will have to serve your spouse with divorce papers. Serving your spouse requires a neutral third party to deliver the paperwork and notify them of the proceedings against them. The divorce papers will also notify your spouse of their right to answer the complaint. Below, our Orlando divorce lawyer explains how to serve your spouse with papers in Florida.

Who Can Serve Divorce Papers in Florida? 

In Florida, the sheriff of the county in which your spouse lives has the primary authority to serve divorce papers. The sheriff can also designate a special process server to serve the divorce papers. Process servers in Florida must meet certain requirements under state law, and they must be certified by the state. The most important requirement is that the process server cannot have any stake in the outcome of the case.

Personal Service 

Personal service requires a sheriff or process server to deliver the documents in person. This is the most reliable form of service because defendants who receive personal service find it much more difficult to state that they did not have notice of the legal proceedings. On the other hand, it is also the easiest form of service to avoid.

Personal Service at Place of Employment 

In certain circumstances, a process server may personally serve a defendant at their place of employment. Process servers must provide the employer with advance notice of the service. Employers have a right to designate a private area for service so that plaintiffs cannot use the potential of embarrassing the defendant as leverage in the case. If employers are not notified in advance, process servers can face a fine as high as $1,000.

Substituted Service 

It is not uncommon for defendants to try and evade personal service of process. In these cases, process servers can use substituted service. The most common form of substituted service is leaving the papers at the defendant’s residence with anyone who lives there and is at least 15 years old. The process server must also explain what the divorce papers are so the person receiving them can notify the defendant.

Service by Publication 

After a process server has made many unsuccessful attempts in good faith to serve the papers, process servers can publish a notice in a newspaper distributed in the area where the defendant lives. When serving by publication, process servers must meet many requirements under Florida law, such as running the notice for a certain period of time. When using this service of process, it is always recommended that you speak with an Orlando divorce lawyer.

Our Divorce Lawyer in Orlando Can Guide You Through the Process 

From the very beginning of your divorce case, you will have to follow many procedural requirements. At Anderson & Ferrin, P.A., our Orlando divorce lawyer can advise on what these are to ensure you comply with the law and do not make mistakes that could hurt your case. Call us today at 407-412-7041 or contact us online to schedule a consultation and to get the legal help you need.

Source:

myfloridacfo.com/division/generalcounsel/service-of-process