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What Does It Mean to Serve Your Spouse With Divorce Papers?

On Behalf of | Dec 6, 2022 | Family Law | 0 comments

If you are contemplating putting an end to your marriage, you already may have given some thought to your divorce timeline. For example, you might have decided to wait until after the holidays or another important occasion. On the other hand, you may be ready to get the divorce finalized quickly.

While your marriage may seem like a private matter between you and your spouse, the state gave you permission to marry and recorded your marriage details. Consequently, to end your marriage, you must go through a legal process. Serving your spouse with divorce papers is the first step.

Service of Process

The official end of your marriage is essentially a lawsuit between you and your spouse. Service of process means you are informing your soon-to-be ex-spouse about the existence of the legal matter. After all, if your spouse does not know about it, they also do not have a fair opportunity to respond.

In-Person Service

According to Florida law, sheriffs throughout the state have the legal authority to serve a person with divorce papers. Sheriffs can delegate this duty to other process servers, though, provided the servers have certification. Still, state law requires in-person service, so leaving divorce papers in the door or mailbox is not usually acceptable.

Your Role

You have plenty of tasks to complete during your divorce, so you should not worry about giving your spouse divorce paperwork. In fact, state law prohibits spouses from serving divorce papers to each other, even if they live together.

Ultimately, your divorce attorney can help you ensure you serve divorce-related paperwork in a legal and effective way, allowing you to focus on other matters and prepare yourself for the divorce process.

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