Divorce can be a complicated matter, and it is made even more complicated when you and your spouse do not live in the same state. Once you have a lawyer help you determine the appropriate jurisdiction for your divorce, you then have the obligation to notify your spouse that you have filed for divorce and give them a chance to respond.
Why Service is Important
There is a requirement by any court in any state that you must serve your spouse with notification of the divorce. This service generally has to be done in such a way that there can be no question your spouse received the notification. Usually this requires in-person service. While there are other options than in-person service, such as publication or certified mail, it is up to the judge whether or not these are valid options. Generally, you will need to attempt in-person service before other options will be made available by the judge.
Hiring a Process Server
The best way to serve your spouse with divorce papers out of state is through a process server. A process server can be hired across state lines. You will need to hire a process server who resides in the state and county in which your spouse resides. In some cases, such as in Florida, the process server must be registered and certified with the county in order to serve papers. This generally means you cannot hire a local process server to travel across state lines to serve the papers, even if you live near the border of your state.
Enlisting the Aid of Law Enforcement
You can sometimes enlist the aid of law enforcement in your spouse’s home county to serve the divorce papers. Most sheriff’s offices handle process service. However, there may be complications, or the service may not be successful due to the fact that the sheriff’s office has many other duties and will not make service a priority.
If you are filing for divorce and need to serve papers to someone in Florida, Accurate Serve in Pensacola can help. Contact us today to learn more about how we can serve your spouse successfully, even if you yourself do not live in Florida.
