Are you pondering a divorce when your spouse is unreachable? While this scenario might seem unusual, it’s more common than you might think! There’s a way out, and here’s what you should know:
What is “Service” in legal terms?
In legal parlance, we refer to “service” as the process of notifying someone that they are facing a civil lawsuit in Florida. It’s part of the due process requirement enshrined in our Constitution. This implies that, when feasible, all parties to an action must receive actual notice of the proceedings.
Simply put, actual notice of the proceedings must be given to every party to an action, whenever possible. If you do not know where your spouse is residing, you can provide “notice” through constructive service.
When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. That’s when service through publication comes into play.
What if you don’t know your spouse’s current residence?
You can utilize a method known as “constructive notice.” Constructive notice is given in a manner most likely to provide actual notice, often through publication.
Here’s an essential thing to remember about a divorce when your spouse is unreachable. If you opt for constructive notice, also known as service through publication, the Court can only grant limited relief. If you are seeking financial support, this method is not applicable. To order payment of financial support such as alimony, the court requires personal service.
If you opt for constructive notice, also known as service through publication, the Court can only grant limited relief. If you are seeking financial support, this method is not applicable. To order payment of financial support such as alimony, the court requires personal service.
This is a complicated area of the law and you should always try to consult an attorney before using constructive service.
Documents you need:
The following documents are required if you are providing the other spouse/parent notice through publication.
1. Notice of Action:
You can use a Notice of Action to obtain constructive service if you don’t know your spouse’s location or if they live outside Florida and personal service is unachievable. The court can dissolve the marriage through constructive notice, but it needs personal service to order financial support, alimony, or costs.
If you want the court to divide real or personal property in Florida, you must include a specific property description in the Notice of Action. You can find the property’s legal description in the deed. If you don’t have a copy of the deed, try checking the Property Appraiser’s website for the county you live in.
Click here for a Notice of Action for a dissolution of marriage with no minor children.
OR here for a Notice of Action for a family law case involving a minor child.
Click here for a Notice of Action for Termination of Parental Rights and Stepparent Adoption
2. Affidavit of Diligent Search
When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. You must disclose the last known address of the other party. A last known address cannot be unknown. The Affidavit of Diligent Search includes a checklist of places you can look for information on the location of the other party. It’s not necessary for you to look in all of these places. Courts look for whether they believe a very serious effort to get information about the other party’s location was made, and that you have followed up on any information you received.
Click here for an Affidavit of Diligent Search in Paternity cases.
Other information:
You can also submit a Driver License Records Request with the Florida Department of Highway Safety and Motor Vehicles.
For more Family Law Forms, visit the Florida Court‘s website for forms approved by the Supreme Court of Florida.
Conclusion
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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