One of the hallmarks of the judicial system is notice. Just as our forefathers cried “no taxation without representation” and thus started the Boston Tea Party, it is improper to proceed in a legal proceeding without giving notice to the other party. The issue of service of process is an important one, and the Court will take care to be sure you have properly served your opponent before granting any of your requests.
Service of process and the rules for process servers are governed by Florida statute. The law requires:
● The process server must be an impartial third party, with no interest in the case.
● The process server must be at least 18 years old.
● The server must be a permanent resident of the State of Florida.
● Background checks must be conducted and satisfactorily passed prior to being allowed to serve process and issued a process server’s license.
● In a divorce case, the petition and summons are required to be served on your soon to be ex-spouse.
You can use a private process server, or the Sheriff when serving legal papers. However, a private process server may be more effective and timely. A private server can also be used for investigations, or skip tracing services. If your spouse is avoiding service, a private process server can track them down and give you vital information on their whereabouts so you can effectuate service. If your spouse is not at their residence, the server is permitted to leave the papers with a resident of the home who is at least 15 years old. Once service is complete, the process server will fill out a form with the date and other details of service for your case. This document is evidence you have given the legally required notice of the proceedings to the other side, and can be presented to the Judge as proof of service.
For more information about divorce and service of process, call our office today. Your first visit is at a onetime flat fee. Call a qualified family law attorney in Stuart and the Treasure Coast to schedule an appointment.