How to Serve Divorce Papers in Florida

• What does it mean to serve divorce papers?
• What documents will you serve?
• Ways to serve divorce papers in Florida
• How to serve a spouse outside of Florida
• How long do you have to serve Florida divorce papers?
• How much does it cost to serve divorce papers in Florida?
• FAQ
• References

One of the first significant steps in a divorce, if you are the petitioner, involves serving divorce papers on your spouse. When you serve them, you officially notify them of the impending legal action. 

Summary of how to serve divorce papers in Florida (specific details below):

• File your divorce paperwork with the court
• Get official copies of that paperwork back
• Bundle official copies and a blank proof of service form into a packet
• Give the packet to someone else to serve them (you cannot)
• Server signs and files proof of service

Step by step: How to serve divorce papers in Florida

The concept of “service of process” is critical in Florida law. Essentially, this means you have given a person who’s a party to a lawsuit (like a divorce) a copy of the documents that pertain to the case. Here is exactly what you need to do to file for divorce in Florida.

1. Prepare the documents

Complete and file the following forms with the court:

• Petition for Dissolution of Marriage (varies by type: with/without children or property).
• Summons (Form 12.910(a)): This is required for service.
• Other forms that may be required by your county or for your specific situation.
• You will also need to pay the filing fee or apply for a fee waiver if you qualify at this time.

2. Choose an approved service method

Note: The court never serves the papers for you; it’s the petitioner's responsibility.

Florida law allows three main methods to serve divorce papers:

A. Personal service

• Who serves: The sheriff’s office or a certified process server in the county where your spouse resides.
• How it works: The server physically delivers the papers to your spouse. If your spouse refuses to accept the papers, the server can leave them near the spouse.
• Proof of Service: The server completes a Return of Service form and files it with the court.

B. Substitute service

If your spouse cannot be served personally, papers can be left with:

• An adult resident at the spouse's usual place of residence.
• A registered agent if your spouse has one (e.g., for business owners).

C. Service by publication

If you cannot locate your spouse after a diligent search, you can request to serve by publication. Steps include:

• Filing an Affidavit of Diligent Search and Inquiry (Form 12.913(b)).
• Publishing a notice in an approved newspaper for four consecutive weeks.
• Filing a proof of publication affidavit with the court.

3. Verify service has been completed

Once the papers are served, the process server or sheriff must file proof with the court, such as:

• Return of Service: For personal or substitute service.
• Affidavit of Publication: For service by publication.

You must serve papers within 120 days of filing your lawsuit.

4. Wait for a Response

After being served, your spouse has 20 calendar days to file a response with the court.

5. Handle a non-responsive spouse (if applicable)

If your spouse does not respond within the required timeframe, you can request a default judgment by filing:

• Motion for Default (Form 12.922(a))
• Default (Form 12.922(b)) (completed by the clerk).

Tips

• Ensure all required forms are included and correctly completed.
• Use a certified process server for reliability.
• If serving by publication, thoroughly document all search attempts for your spouse.
• Verify county-specific requirements for serving divorce papers.

Read: Everything You Need to Know before Getting Divorced in Florida

What does it mean to serve divorce papers?

Serving divorce papers, also known as service of process, is not just ceremonial. It's a formal way of giving your spouse notice that you have initiated divorce proceedings.

In Florida, you must follow specific rules and procedures when serving divorce papers. It’s vital to understand these rules and procedures before you start.

By serving divorce papers formally, you give your spouse, the respondent, official notice that the legal process of divorce has begun. They have a specific number of days (usually 20 days in Florida) to respond. If they fail to respond within this time, the court may proceed with the divorce without their input. This could result in a default judgment against them. 

Learn more about default judgments by reading our article, True Default Divorce vs. Uncontested Divorce

What documents will you serve to your spouse?

Divorce papers served in Florida typically include the Petition for Dissolution of Marriage (the document that initiates the divorce) and the Summons (a document that informs the recipient of their rights and obligations in the divorce proceedings). 

The person who files for divorce (the petitioner) is responsible for making sure these documents are properly delivered to their spouse (the respondent).

Detailed information on the contents of Florida divorce papers

In Florida, divorce papers consist of various forms and attachments that depend on the specifics of your case (e.g., with or without children, property, or contested/uncontested). 

Here is a breakdown of the essential contents and forms:

1. Petition for Dissolution of Marriage

The Petition initiates the divorce process and includes critical details about the marriage and requested relief. Choose the appropriate type of petition:

• Form 12.901(b)(1): Petition for Simplified Dissolution of Marriage (no children, no property disputes, both spouses agree).
• Form 12.901(b)(2): Petition for Dissolution of Marriage with Dependent or Minor Children.
• Form 12.901(b)(3): Petition for Dissolution of Marriage without Dependent or Minor Children.

Information included:

• Names and addresses of both spouses.
• Date and location of the marriage.
• Grounds for divorce (Florida is a no-fault state; "irretrievably broken" is the most common ground).
• Requests for property division, child custody, alimony, or other relief.

2. Summons (Form 12.910(a))

This form notifies the other spouse of the divorce action and their obligation to respond within 20 days. It must be signed by the court clerk before serving.

3. Family Law Financial Affidavit

Both spouses must complete this form to provide financial disclosures:

• Form 12.902(b): For individuals with an annual income under $50,000.
• Form 12.902(c): For individuals with an annual income of $50,000 or more.

Details provided:

• Income and expenses
• Assets and liabilities

4. Parenting plan (if minor children are involved)

• Form 12.995(a): Standard Parenting Plan.
• Form 12.995(b): Supervised/Safety-Focused Parenting Plan (if safety concerns exist).

The plan outlines custody arrangements, visitation schedules, and parental responsibilities.

5. Child Support Guidelines Worksheet (Form 12.902(e))

Required if minor children are involved. This form calculates child support based on each parent’s income and other factors.

6. Notice of Social Security Number (Form 12.902(j))

This form lists both parties' Social Security numbers, used for child support and financial disclosures.

7. Certificate of Compliance with Mandatory Disclosure (Form 12.932)

Filed to confirm that financial documents such as tax returns and bank statements have been exchanged with the other spouse.

Additional attachments (as applicable)

If both parties agree on divorce terms, this agreement outlines the division of property, debts, custody, and support.

• Form 12.902(f)(1): For cases without minor children.
• Form 12.902(f)(2): For cases with minor children.

If you need temporary orders during the divorce (e.g., alimony, custody, child support):

• Form 12.947(a): Motion for Temporary Support with Dependent or Minor Children.
• Form 12.947(b): Motion for Temporary Support without Dependent or Minor Children.

Filed if the other spouse does not respond to the divorce papers within the 20-day deadline.

Used if you seek a child support amount different from the calculated guidelines.

By including all necessary forms and attachments, you can ensure a smoother divorce process and avoid delays.

Ways to serve divorce papers in Florida

In Florida, there are several acceptable methods you might use to serve divorce papers to your spouse. These methods ensure that the process is fair and that your spouse has the chance to respond to the divorce proceedings.

Personal service

This is the most common way to serve divorce papers. In this method, the divorce papers are hand-delivered to your spouse. The delivery must be done by a sheriff's deputy, a professional process server, or a disinterested person over the age of 18. You cannot deliver the papers yourself. 

Once the papers are served, the server will provide a Proof of Service (or Service Return), which you'll need to file with the court to prove your spouse was properly served. 

The personal service method is typically used when you know your spouse's location.

Potential legal implications: 

• Compliance: This is the most reliable and widely accepted method under Florida law.
• Proof of service: The process server or sheriff files a Return of Service, which is critical for proving the spouse was notified.
• Failure to serve: If the spouse evades service, additional attempts or alternative methods (e.g., substitute service) may be required, potentially delaying the case.

Service by mail

If your spouse agrees, you can serve the divorce papers by certified mail with a return receipt requested. This means your spouse will have to sign for the mail, and you'll receive a receipt proving they received it. The receipt is then filed with the court as proof of service. 

This method is typically used when spouses are cooperative and in agreement about the divorce.

Potential legal implications:

• Voluntary acceptance: This method relies on the spouse willingly signing and returning the acknowledgment form.
• Risk of non-compliance: If the spouse does not sign or return the form, service is invalid, and another method must be used.
• Cost-effective: This method is less expensive but suitable only for cooperative spouses.

Service by publication

If you cannot find your spouse, you may be able to take this approach. However, you can only use this method if you receive prior approval from the court. 

In this case, you can publish a notice of the divorce action in a newspaper of general circulation in the county of your spouse’s last known address. The notice must run once a week for four consecutive weeks. After the notice has been published, you can consider your spouse served and get on with your divorce process.

However, you should know that a divorce by publication may limit your ability to make claims against your spouse for property division or spousal support because the court may not have personal jurisdiction over the absent spouse.

Potential legal implications:

• Court approval required: The court must approve this method after you file an Affidavit of Diligent Search and Inquiry (Form 12.913(b)) showing reasonable efforts to locate the spouse.
• Limited relief: The court can only grant limited relief, such as divorce, without addressing financial matters, property division, or child support, because the spouse was not directly served.
• Risk of dispute: If the spouse later claims they were not properly notified, it could lead to legal challenges or delays.

Service on an attorney (if applicable)

If the spouse is represented by an attorney, the papers can be served on their legal counsel.

Potential legal implications:

• Attorney consent: This is valid only if the attorney consents to accept service on behalf of the spouse.
• Proof of service: The attorney’s acknowledgment of receipt serves as proof.
• Limits of representation: If the attorney’s representation is limited, additional service directly to the spouse may still be required.

Substitute service

Papers are left with another adult at the spouse's usual place of residence.

Potential legal implications:

• Proper ID: The person receiving the papers must be at least 15 years old and reside in the household.
• Risk of challenge: The spouse can dispute the validity of service if the substitute recipient is not appropriately identified or does not reside at the address.
• Proof of service: The server must file documentation detailing the method and recipient, ensuring compliance.

How to serve divorce papers to a spouse living outside of Florida

Serving divorce papers when a spouse lives outside of Florida involves additional steps but is still entirely possible. A process server in the spouse’s state delivers the papers.

Here's a general outline of the process:

Step 1: File the Petition and Summons

You'll start by filing your divorce paperwork, including the Petition for Dissolution of Marriage and a Summons, with your local county court in Florida. You'll need to pay a filing fee unless you qualify for a fee waiver.

Step 2: Determine your spouse's location

You need to know where your spouse lives so you can serve them the divorce papers. If you don't know their location, you might need to hire a private investigator or use legal methods to locate them.

Step 3: Use the Long Arm Statute

Florida's Long Arm Statute allows Florida courts to have jurisdiction over out-of-state residents in certain circumstances. You'll need to show that your spouse has sufficient ties to Florida. This could be due to them previously living in Florida, owning property in Florida, or having children who reside in Florida.

Step 4: Serve the papers

Once you've located your spouse and determined that Florida has jurisdiction, you can serve the papers. You can do this through a local sheriff's office or a private process server in your spouse's area of residence. Alternatively, you may use certified mail or even publication, if you cannot find your spouse after making diligent efforts.

Potential legal implications:

• Interstate compliance: The service must comply with the laws of both Florida and the state where the spouse resides.
• Proof of service: The process server must file a sworn affidavit confirming delivery, ensuring it meets Florida’s standards.
• Potential delays: Out-of-state service may take longer due to logistical challenges.

Waiver of Service option

The Waiver of Service option in Florida allows a spouse to voluntarily acknowledge receipt of divorce papers without requiring formal service through a process server or sheriff. This approach is typically used in amicable or uncontested divorce cases, as it can save time, reduce costs, and streamline the process. 

Here's a detailed overview:

What is a Waiver of Service?

A legal document signed by the responding spouse (the respondent) to acknowledge they have received the divorce papers and waive the formal service requirement.

Key features

• Voluntary: The respondent willingly agrees to waive the need for formal service.
• Acknowledgment of receipt: By signing the waiver, the respondent confirms they have received the petition for dissolution of marriage and any accompanying documents.
• No admission of guilt or fault: Signing the waiver does not mean the respondent agrees to the terms of the divorce—it simply acknowledges receipt of the documents.

Process for Waiver of Service in Florida

1.  Prepare the Waiver of Service form: Use Form 12.902(j), Notice of Social Security Number, if applicable, and include other necessary divorce documents (e.g., Petition for Dissolution of Marriage, Summons).
2.  Draft a Waiver of Service form, which may be a part of your petition packet or prepared separately.
3.  Provide the documents to the respondent: Ensure the respondent receives all required paperwork, including the petition, financial affidavits, and any relevant court notices.
4.  Sign the waiver: The respondent must sign the waiver in the presence of a notary public or other authorized witness. Their signature confirms acknowledgment of the divorce papers and agreement to waive formal service. 
5.  File the waiver with the court: After the waiver is signed, file it with the court to document that the respondent has been properly notified.

Pros of using Waiver of Service

• Cost Savings: Avoids the expense of hiring a process server or sheriff.
• Time Efficiency: Eliminates delays associated with locating and serving the spouse.
• Promotes Cooperation: Encourages amicable communication between spouses.
• Simplified Process: Reduces procedural complications for uncontested divorces.

Limitations and considerations

• Voluntary participation required: The respondent must agree to sign the waiver. If they refuse, formal service is necessary.
• No guarantee of agreement: Signing the waiver does not mean the respondent agrees to the divorce terms—it only acknowledges receipt of documents.
• Legal binding: Once signed and filed, the waiver serves as proof that the respondent was notified of the proceedings.

When to use a Waiver of Service

• Uncontested divorce: Both parties are cooperative and willing to work together.
• Known location of spouse: The respondent is reachable and available to sign the waiver.
• Desire for quick resolution: Both parties want to expedite the process.

Step 5: File Proof of Service

After your spouse has been served, make sure the person who served the papers fills out a Proof of Service form. This form must be filed with the court to prove your spouse was properly notified of the divorce proceedings.

How long do you have to serve Florida divorce papers?

In Florida, once you have filed your divorce papers (also known as a Petition for Dissolution of Marriage), you must serve these papers to your spouse within 120 days. If you fail to serve the papers within this time, your case may be dismissed. However, you can request an extension from the court if needed.

What to do if you miss the 120-day deadline

If you cannot serve divorce papers within Florida's 120-day deadline after filing the petition, it's essential to take proactive steps to avoid having your case dismissed. Here’s what you need to do:

1.  Document your attempts to serve: Keep detailed records of all efforts to serve your spouse, including dates, locations, and methods used. If using a process server or sheriff, request a report outlining their attempts.
2.  Explore alternative service methods
3.  Request an extension from the court. File a motion to extend time for service, explaining why service could not be completed and detailing your efforts. The court is more likely to grant an extension if you can demonstrate good cause, such as difficulty locating your spouse or extenuating circumstances. File the motion before the 120-day period expires to avoid case dismissal.
4.  Follow court instructions: If the court grants the extension, you will receive additional time to complete service. If denied, you may need to refile your divorce petition and start the process again.

How much does it cost to serve divorce papers in Florida?

Cost varies depending on where your spouse must be served and the method you use. Private process servers are often the most expensive choice, but they are also the most efficient. This table of estimated costs can help you understand the differences:

FAQ about serving divorce papers in Florida

Do I need to serve my spouse if we are filing for a Simplified Dissolution of Marriage?

In a Simplified Dissolution of Marriage in Florida, both spouses jointly file the divorce petition. They are both petitioners.

As such, there is no need to serve divorce papers because both parties willingly participate in the process and have signed the petition.

Can I serve my spouse myself?

No. In Florida, you cannot serve divorce papers to your spouse yourself. The law requires that a neutral third party, such as a sheriff's deputy or private process server authorized by the court, serve the papers. This ensures the process is unbiased and properly documented.

What if my spouse refuses to respond to the petition?

If your spouse refuses to respond to the divorce petition within the 20-day time frame, you can file a Motion for Default. This requests the court to treat the case as uncontested, meaning the court will proceed without your spouse's input. However, your spouse still has the right to appear in court and contest the default before the divorce is finalized.

What should I do if my spouse is actively refusing to be served?

If you’ve tried in-person service and your spouse won’t respond, consider asking the sheriff’s department to serve the documents for you. The sheriff can give the paperwork to anyone older than 15 with whom your spouse lives. If the sheriff can’t deliver paperwork, you can go to the court and explain the problem. In that case, another method (like mail or publication) might be approved.

What if I don’t know where my spouse lives?

You may be able to serve your spouse by placing a notice in a publication. Service by publication (also known as constructive service) comes with some risks, however. Courts may have limited power over someone who doesn’t live in Florida who is served this way.

If you’re thinking of serving your spouse with divorce papers in Florida and feel overwhelmed, take heart. We are here to help. At Hello Divorce, we offer free 15-minute phone meetings in which you can get valuable input from an account coordinator who understands what you’re going through. We also offer a host of services, including legal advice and free online resources for you to examine.

References