Are you dealing with a family law case? As you may already know, one of the most crucial steps in the family law process is the service of process. Service of process ensures that the respondent (the intended recipient of the legal documents) is properly informed of the lawsuit, giving them the opportunity to respond and prepare a defense. In Florida, the service of process in family law cases follows specific guidelines outlined in the Florida Family Law Rules of Procedure, particularly Rule 12.070, which includes several mandates. Let’s take a more in depth look at how serving process works in Florida family law.
What is Service of Process?
Service of process is the formal procedure by which legal documents, such as a petition for divorce or child custody, are delivered to the respondent. The purpose of this is to inform the respondent about the legal action filed against them and provide them with a chance to respond and also begin preparing their defense. In family law cases, service of process is essential for ensuring fairness and due process in these very sensitive and personal matters.
According to Rule 12.070(a), “the summons or other process authorized by law must be issued and delivered for service immediately on the commencement of the action,” meaning the service of process must begin as soon as the case is filed. The summons is an official notice issued by the court providing the details of the respondent’s requirement to attend court, and it is served along with other documents the petitioner (the person initiating the case) has filed, such as a petition or complaint.
How is Service of Process Conducted in Family Law Cases?
In Florida, service of process in family law cases can be done in several ways, depending on the specific circumstances of the case:
- Personal Service: This is the most common and preferred method of service. It involves a certified process server or a sheriff personally delivering the summons and a copy of the petition to the respondent. Personal service ensures that the respondent is directly informed about the lawsuit. The process server or sheriff will document the date, time, and method of service in a formal document, known as the “Proof of Service”, “Affidavit of Service”, or “Return of Service”, which is then filed with the court.
- Substitute Service: If the respondent cannot be personally reached, the documents may be delivered to another responsible adult (at least 15 years old) who lives at the respondent’s residence. This person can accept the service on behalf of the respondent, but personal service remains the preferred method.
- Service by Publication: If the respondent cannot be located after a diligent search, the petitioner may request permission from the court to serve the respondent by publishing a notice in a local newspaper. This is known as service by publication or constructive service. However, this method is only allowed in specific situations, and the petitioner must demonstrate that they made a genuine effort to locate the respondent. Service by publication is typically used in cases where the respondent is avoiding service or has moved out of state and cannot be found.
- Service by Mail: In some cases, particularly when the respondent lives out of state, the court may allow service by mail. The petitioner must send the documents via certified mail with a return receipt requested to ensure the respondent receives the papers.
- Electronic Service: While still only allowed in very few, select cases, electronic service is becoming more and more popular as a reliable way to serve a respondent that has been extremely hard to locate in person.
Why is Proper Service Important?
Ensuring that service of process is conducted correctly is crucial because the court cannot proceed with a case unless the respondent has been properly served. If the service of process does not comply with the rules, the respondent can challenge its validity, which can delay the case or result in any court orders being voided. For example, if the process server fails to include key details such as the date and time of service or does not file the Proof of Service, the respondent could argue that they were not properly notified, as seen in cases like Capasso v. Buchanan.
If the respondent is properly served and fails to respond within 20 days, the petitioner can request a default judgment from the court. This means the court may grant the petitioner’s requests in the absence of a response from the respondent. However, in family law cases, especially those involving children, it is always in both parties’ best interest to ensure proper service and engage with the process.
What Should You Do if You Need to Serve Legal Documents?
If you’re involved in a family law case and need to serve legal documents, the first step is to determine the location of the respondent. If they live in the same county where the case is filed, the sheriff’s office or a private process server can handle the delivery. If they live in another county or out of state, the appropriate sheriff or a certified process server in that area can be used. Always ensure that you attach a copy of the necessary documents to the summons and pay any required fees for the service.
Additionally, if you are unable to locate the respondent, you must demonstrate to the court that you have made a diligent effort to find them before requesting an alternative service. The court will require an affidavit of diligent search, as stated in Rule 12.070(e), outlining your efforts to locate the respondent.
Use Accurate Serve® for All Your Florida Family Law Service Needs
Service of process is a vital aspect of any family law case in Florida. Whether it’s personal service, substitute service, or another alternative type of service, you want a process server that complies with all the rules. In Daytona Beach, Palm Coast, and Titusville, Accurate Serve is the process service agency you want on your side. Give us a call at the numbers listed below, or simply send us a work request online. We’re here to help you throughout your family law or other legal matters with high quality, reliable process service, document retrieval, skip tracing, and diligent search services.
Daytona Beach office – (386) 569-8475
Palm Coast office – (386) 864-8119
Titusville office – (321) 385-7379
