How do I properly serve divorce papers to my spouse who lives out of state?
Stuart, FL |
I'm representing myself and using the Simplified Dissolution of Marriage form because we have reached a Marriage Separation Agreement. My spouse lives in another state. How do I go about properly serving the divorce petition?
In a simplified dissolution of mariage action, you typically dont serve him with anything. He simply signs the Petition along with you. Here is the link for the simlified dissolution form with instructions. http://flcourts.org/gen_public/family/forms_rules/index.shtml#900. It is form 12.901 (a). Read the instructions and it will tell you the steps you need to take.
In Florida, both you and your spouse have to be residents of the State of Florida for 6 months prior to filing a Petition for Simplified Dissolution of Marriage. You would both also have to attend a final hearing in Florida to get divorced.
You and your spouse may have an "uncontested" case that is not necessarily a "simplified" case. If that is the situation and you need to serve your spouse, then you should have a summons issued by the clerk in the Florida court and send it to a process server in the state where your spouse resides.