Serving Your Spouse With Florida Divorce Papers

If you want to end your marriage in the state of Florida

, you must go through a specific legal process in order to do so. This process involves completing Florida divorce papers in accordance with the law. There are many legal complexities associated with the completion of divorce papers and it is important to make sure that you follow all requirements in order to avoid a delay and to facilitate the legal end of your marriage.

Serving Your Spouse with Florida Divorce Papers

One of the most important steps in any divorce action involves serving your spouse with Florida divorce papers. Essentially, this is a fancy way of saying that the divorce documents must be delivered to your spouse and received by your spouse. These papers must be delivered in a certain approved manner so that the court is confident that your spouse was notified of the divorce and given his day in court.

If you and your spouse are both prepared to get a divorce and you know that you both want a no-fault divorce, then it is possible to avoid the need for a process server and formal service process in most cases. The two of you can obtain the divorce forms together, work out a no-fault divorce and present the agreement you have come to in court. The judge will review the information as well as the divorce papers you complete that explain why the divorce is occurring (most people use no fault grounds). The judge can then dissolve your marriage provided you meet all requirements including at least one partner being under the jurisdiction of the Florida court.

In other cases, you and your spouse may not be in agreement on everything and your spouse may not even be aware that you have begun the process of a divorce. In these types of cases, when you and your spouse do not file for divorce together, you will need to file the divorce papers on your own. You may need to pay a process server, or use some other approved method by the court, to get the papers to your spouse. He or she has a certain amount of time to respond to those papers before a default judgment is entered.

If your spouse responds, then you will either need to try to move forward and negotiate a divorce together (such as through mediation or negotiations with the help of a divorce attorney) or you will need to litigate the divorce and have the judge make decisions on the divorce settlement. When litigation occurs, the judge will not finalize the dissolution of the marriage in most cases until the judge has heard evidence and information and decided on a division of property and custody.

Getting Help

Completing Florida divorce papers in either a contested or uncontested divorce can be complicated and it is important to ensure that your legal rights are fully protected in all aspects of drafting and signing the papers. An experienced Florida divorce and family law attorney can assist with preparing and filing all the required divorce papers.

by: Jeff Miller

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