According to Florida law, to serve divorce papers in Florida, you must either serve the divorce papers by personal service, substitute service, constructive service or service by mail. However, the type of service used is based on specific rules and procedures outlined in the Florida Family Law Rules of Procedure and Florida Statutes in order for service to be lawful:
Personal Service: Personal service is required for all petitions, including divorce petitions. This means that a summons and a copy of the divorce petition must be delivered by a deputy sheriff or a private process server directly to the other party or to someone over the age of fifteen with whom the other party lives (Family Law Rules of Procedure Form 12.910(a)). Personal service must be made by the sheriff’s department in the county where the other party lives or works, or by a private process server certified in that county (See Form 12.910(a)).
Substituted Service: If personal service is not possible, substituted service may be made by leaving the documents at the person’s usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents (See Florida Statute 48.031)[2]). Additionally, substituted service on the spouse of the person to be served may be made under certain conditions:
(2)(a) Substituted service on the spouse of the person to be served may be made at any place in a county by an individual authorized under s. 48.021 or s. 48.27 to serve process in that county, if the cause of action is not an adversarial proceeding between the spouse and the person to be served, if the spouse requests such service or the spouse is also a party to the action, and if the spouse and person to be served reside together in the same dwelling, regardless of whether such dwelling is located in the county where substituted service is made.
See Florida Statute 48.031[2].
Constructive Service: If the other party cannot be located after diligent efforts, or if they do not live in Florida, you may serve the other party by publication, also known as constructive service. However, there are special rules for constructive service in the Family Rules of Court:
(e) Constructive Service.
(1) For constructive service of process on the legal father in any case or proceeding to establish paternity which would result in termination of the
legal father’s parental rights, the petitioner must file an affidavit of diligent search and inquiry that conforms with Florida Family Law Rules of Procedure Form 12.913(c). If the legal father cannot be located, he must be served with process by publication in the manner provided by chapter 49, Florida Statutes. The notice must be published in the county where the legal father was last known to have resided. The clerk of the circuit court must mail a copy of the notice to the legal father at his last known address.(2) For constructive service of process in any case or proceeding involving parental responsibility, custody, or time-sharing with a minor child, the
petitioner must file an affidavit of diligent search and inquiry that conforms with Florida Family Law Rules of Procedure Form 12.913(c). If the responding party cannot be located, the party must be served with process by publication in the manner provided by chapter 49, Florida Statutes. The clerk of the circuit court must mail a copy of the notice to the party’s last known address.(3) For constructive service of process in all other cases, an affidavit of diligent search and inquiry in substantial conformity with Florida Family Law Rules of Procedure Form 12.913(b), must be filed.
See: See Florida Family Law Rules of Court – Rule 12.070 (e).
Initial Service of Process by Mail: There are also special rules for service of process by mail in the Family Rules of Court:
(k) Service of Process by Mail. A respondent may accept service of process by mail.
(1) Acceptance of service of a petition by mail does not waive any objection to the venue or to the jurisdiction of the court over the person of the respondent.
(2) A petitioner may notify any respondent of the commencement of the action and request that the respondent waive service of a summons. The
notice and request must:(A) be in writing and be addressed directly to the respondent, if an individual, or to an officer or managing or general agent of the respondent, or
other agent authorized by appointment or law to receive service of process;
(B) be dispatched by certified mail, return receipt requested;
(C) be accompanied by a copy of the petition and must identify the court in which it has been filed;
(D) inform the respondent of the consequences of compliance and of failure to comply with the request;
(E) state the date on which the request is sent;
(F) allow the respondent 20 days from the date on which the request is received to return the waiver, or, if the address of the respondent is
outside of the United States, 30 days from the date on which it is received to return the waiver; and
(G) provide the respondent with an extra copy of the notice and request, including the waiver, as well as a prepaid means of compliance in
writing.(3) If a respondent fails to comply with a request for waiver within the time provided herein, the court may impose the costs subsequently incurred in effecting service on the respondent unless good cause for the failure is shown.
(4) A respondent who, before being served with process, timely returns a waiver so requested is not required to respond to the petition until 60 days after the date the respondent received the request for waiver of service. For purposes of computing any time prescribed or allowed by these rules, service of process will be deemed effected 20 days before the time required to respond to the petition.
(5) When the petitioner files a waiver of service with the court, the action must proceed, except as provided in subdivision (k)(4) above, as if a summons and petition had been served at the time of filing the waiver, and no further proof of service shall be required.
See: See Florida Family Law Rules of Court – Rule 12.070 (k).
Important Service of Process Law Notes:
Proof of Service: The person who delivers the summons and petition must file a proof of service with the clerk. It is the filing parties responsibility to ensure that the proof of service is returned to the clerk and placed in the case file. See Florida Family Law Rules of Court – Rule 12.070, and Family Law Rules of Procedure Form 12.910(a).
Subsequent Service of Process: all subsequent documents must be served by electronic mail (e-mail) unless otherwise specified. Self-represented litigants may choose to serve and receive documents by e-mail by designating their e-mail addresses using the appropriate form (See Form 12.910(a)).
Special Consideration For Out of County Parties: If the other party lives in another county, service must be made by the sheriff in that county or by a private process server certified in that county. The clerk may assist in forwarding the papers to the appropriate sheriff’s office. See Form 12.910(a).
Related:
- What is the first step in filing for divorce in Florida?
- A Step-by-Step Guide to Getting a Divorce in Broward County
- How to File a Contested Divorce and What to Expect Along the Way
- How to Divide Marital Assets in Florida During a Divorce
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