There are two ways serving a petition can be accomplished.
First, the most common way to serve a divorce petition is by "personal service." Personal service does not mean simply hand delivering or mailing the petition to the other party, you either have to use a private process server or go through the sheriff's office. For a petitioner to be able to use a personal service, they must know where the other party is located. With that knowledge, a process server can be sent to deliver the paperwork. Once the papers are served, the process server registers how the delivery was made, the date and the time, by a "certificate of service."
An example would be for the process server to hand the paperwork either to a co-resident who is over 15 years of age or the person themselves. The date must be on the certificate of service in order for the twenty day count to begin for the respondent to answer. If no answer is received, the respondent is held in "default" and the proceedings continue without them. If the location of one party is unknown, or they are evading the service on purpose, you have the option of applying for a "constructive service" or a "service by publication." For this to be made possible, an "Affidavit of Diligent Search and Inquiry" or Form 12913(b) must be filled out. BE CAREFUL that you fill out the correct form as there are two labeled "diligent search." The "Affidavit of Diligent Search" Form 12913(c), is used in cases where the rights of the legal father may be terminated, such as private adoption or step-parent. Once the Form 12913(b) is filled out, the process of publication can proceed.
Florida Statutes §49.011(4).
A "publication of notice" is the next step in the process and in a requirement that must show as an ad in the newspaper of the county where the case is pending. If a father's legal rights are at issue, the ad must also appear in the county of the father's last known residence. For more information, check the Florida Family Law Rule of Procedure 12.080. The following information must be contained in this Notice of Action: The nature of the proceeding, Names of both parties, Court in which the action was filed and a description of real property, if any, proceeded against.
Florida Statutes §49.08.
According to this statute, the notice ad must run for four consecutive weeks. In addition, the clerk of court simultaneously post the notice at the courthouse as well as mailing a copy to the respondent's last known address.
Florida Statutes §49.10.
In case your county does not have a newspaper, the provisions in Chapter 49, which says that after the four week period is over, proof of the ad must be provided by you by filing a copy in the Court file. Once that is done, you may request the proceedings continue.
Theodore Rechel is the primary Attorney at Rechel & Associates, P.A. a full service Divorce and Family Law Firm in Tampa focusing on divorce, custody, visitation, child support, alimony and all other divorce and family law services.
For more information on this Tampa Divorce Attorney visit http://tampabaylawyers.com
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