Friday, December 10, 2010
How to Serve Divorce Papers in Florida
When a civil case is filed in Florida, the Florida Rules of Civil Procedure dictate how the actual papers can be delivered. This is referred to as service of process. All divorces filed in the state must follow this process or risk being thrown out of court if service cannot be properly effected.Difficulty: ModerateInstructions1Have the county sheriff serve the papers. Florida law allows the sheriff of each Florida county to carry out service of process. Anytime a divorce is filed, the party filing the case, called the petitioner, can request the sheriff's office to serve the papers on the other spouse, generally called the respondent.2Serve the papers in person. Florida law allows for personal service in any divorce through anyone so designated by the sheriff. These people must be at least 18 years old and not be a party to the case. This means the person serving the papers can't be related to the couple, though it can be done by their attorneys or employees of their attorneys.3Take the papers to where the respondent lives. Generally, service of process can be effected by personal delivery to the respondent. However, if the respondent cannot be located, the server can deliver the papers to the respondent's authorized agent, place of business or place of regular abode. If left at the respondent's residence, the server must leave copies with a responsible person who is at least 15 years old.4Use a process server. Florida doesn't generally require process servers to be licensed. However, county sheriffs or the chief judge of each circuit court can appoint special process servers. These process servers must meet the general age and residency requirements, but must also submit to an examination and post a $5,000 bond with the county sheriff.
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