The Answer to How Long does Divorce take Depends on How Fast You Pull the Trigger
Service of process is the starting point to a simple divorce in Florida state court. Boca Raton divorce lawyers, The Law Office of Jordan Gerber, P.A. explain how all Palm Beach County divorce records stem from this or divorce by publication.
The time has come to start your journey on what you hope to be a simple divorce in Florida. The only problem is you haven’t spoken to any Boca Raton divorce lawyers. In addition, you have no clue where to start when it comes to getting a divorce filed. You haven’t even asked the question how long does divorce take? You planned on filing simplified divorced but your ex won’t cooperate. So you went ahead on your own and filed divorce papers with the Palm Beach County divorce records office.
Simple Divorce in Florida Begins with Service of Process or Divorce by Publication
You’ve taken care of the public recording of your official record. Now all you have to do is effectuate service of process. Serving process can’t be that hard, right? You know Florida requires it from your uncle who was a defendant in a business case. But is there a service court that designates an official service person? Or state services or someone that mails it for you?
I Want a Simple Divorce in Florida, Doesn’t that Mean I Don’t Have to Worry about Palm Beach County Divorce Records?
You’ve always believed that strength and personal growth come only through continuous effort and struggle. You are now considering adopting the moniker of warrior and acknowledging that you have reached personal enlightenment.
Sure the idea of ’til death do you part’ doesn’t sound so bad if that means your betrothed meets an untimely fate after being hit in the head by a falling coconut. But the chances of that are pretty slim. 150 people a year actually die this way, crazy right? And so, you’ve come to the realization that the only way for you or your former soul mate to attain true happiness is by taking the midnight train to Splitsville.
To do this, you decide to take the high road and try to figure out the dynamics of Palm Beach County divorce records in a way that ensures your ex you mean no disrespect. You attend countless sessions with a marriage counselor who confirmed to your partner that it’s time for the two of you to cut your losses and call it quits. You then speak to their family and friends in the hope they will work with you to convince your partner that a simple divorce in Florida is the way to go. Furthermore, you assure them that no divorce attorney has been consulted.
Consequently, there’s only one problem. Despite the decision to take the high road, you’re pretty sure your significant other was the muse for Mark Twain when he wrote that denial ain’t just a river in Egypt.
The Best Boca Raton Divorce Lawyers will tell You: If You Want a Simple Divorce in Florida, Get Familiar with Terms like Divorce by Publication
Service of process is the delivery of a family court summons and Florida Petition for Dissolution of Marriage in a manner to charge the party legally with its receipt. This gives the family court jurisdiction to hear the case and begin the Florida divorce process. The sooner you get started, the better your answer to how long does a divorce take?
Family court jurisdiction is obtained in different ways.
- personal service
- substituted service
- divorce by publication, or
- waiver of formal service by the other party.
The purpose of service of process is providing soon to be divorced spouses with adequate notice and opportunity to be heard. Service states that notice is provided. Any Palm Beach County judgment entered without service on or notice to a party is void. This can prove to be quite an obstacle if your spouse refuses to accept that you’re moving on and does anything in his or her power to evade service. Thankfully, divorce law provides a solution.
Despite All of This, a Simple Divorce in Florida is Still Possible
Don’t start banging your head against the wall just yet. There are remedies available to complete service of process under these circumstances. An example of this is drop service. This occurs when the respondent is home and takes action to avoid service. For example, a party could attempt to close the door on the process server while service is taking place. If this happens, the service is complete when the papers are left for the party after the process server identifies himself and reads the process in a loud voice. Divorce family issue solved.
Boca Raton Divorce Lawyers Advice when Service of Process is an Obstacle to Getting a Simple Divorce in Florida
Actual physical contact is unnecessary because a person is ordered to accept service in Florida when it’s reasonably attempted. A party may also conceal his or her whereabouts on a given day so that process cannot be personally served. In this example, you can try service by publication. If you’re the party claiming inadequate service of divorce papers, there is one thing to remember. If you appear in family court and participate in the action without first raising the defense of insufficiency of service of process, that defense is waived.
Boca Raton Divorce Lawyers Explain How to Serve Palm Beach County Divorce Records through Divorce By Publication
If you’ve searched for your spouse and can’t find them, you can use a form of service of process called constructive service. This is also known as divorce by publication. Of course, there are requirements a party must follow. If you know they didn’t skip town, you can use divorce by publication to publish a Notice of Action for Dissolution of Marriage with the clerk. You have to check with the Palm Beach County divorce records office for a list of approved newspapers. The notice must run for 32 days. In addition, the publication must provide an affidavit stating that your ad ran in their newspaper for the appropriate amount of time.
How Do I use Divorce by Publication as a Form of Service of Process if I Have No Clue where My Ex is?
If your prayers have been answered and you have no chance of seeing your ex spouse’s mug at the grocery store because locating them is impossible, you may still be able to use divorce by publication. It must be noted that when family forms for divorce by publication are used, the court may only grant some relief because its jurisdiction is limited. You must also complete and file an Affidavit of Diligent Search and Inquiry to obtain this form of service of process for your Palm Beach County divorce records.
This form includes a checklist of places you can look for information on the location of your spouse prior to being allowed to use divorce by publication. These include places where you can search records, such as the DMV or other courts records. While you don’t have to check out every suggested source of official information, the court must believe that you have searched for your spouse’s location and that you’ve followed up on any information you received.
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Boca Raton Divorce Lawyers Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simple Divorce In Florida
High Net Worth Divorce
Service Of Process Issues
Divorce By Publication
Florida Alimony Laws
Division of Retirement Benefits In Florida Divorce
Legal Separation Agreement
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement