Rule 1.311(1) says "In every case where service of original notice is made upon a known...respondent...by
publication, copy of the notice shall also be sent by ordinary mail addressed to such party at the party’s last-known mailing address, unless an affidavit of a party or that party’s attorney is filed stating that no mailing address is known and that diligent inquiry has been made to ascertain it." My questions are: 1) in dissolution of marriage, does the court have authority to authorize service by publication only thereby waiving the mailing requirement? 2) In a divorce case, the last-know address is obviously the marital home address. Can the petitioner get away with procuring a divorce without meeting the mailing of petition requirement when service was effected by publication? and finally, 3) If the petitioner filed a fraudulent affidavit stating no mailing address is known, and a default judgment was obtained based on that affidavit, will the court set aside that default upon a motion filed by respondent based on fraudulent procurement of default/default judgment?
Of course the key to your question is (3)....clearly if there is fraud the court does not now and can issue the order, subject to later proof.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline