Florida Constructive Service for Divorce

by Katie
(Clearwater, Florida, Pinellas County)

My spouse lives in Illinois, but I have lived in Florida for the past six months.

Can I use constructive service to serve the petition for dissolution of marriage?

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Answer to Florida Divorce Question

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Dear Katie,

This is a good question. Generally speaking, constructive service is for those divorce petitioners who either don't know where the other party is and have reasonably attempted to find out where they are, or both.

If you know where your spouse lives or works you must first attempt personal service.

You can get a summons for personal service and a process of service memorandum from the courthouse where you file your Florida divorce petition. You should then contact the sheriff's department in the county where your spouse lives for instructions on having them serve a "foreign" summons.

If they do not serve foreign summons, you will need to contact a Process Server in that county to have him served. It sounds complicated, but, really, it's not that bad.

If you don't know where your spouse is, you can use constructive service by following the instructions on the affidavit of diligent search and inquiry. Then you will need to publish a notice by your county or circuit court guidelines. Your court clerk will have the most current information for you.

We are not lawyers and do not give legal advice. Read our Full Disclosure

If you have any concerns and need legal advice, you should speak to an attorney in your area. You should only accept legal advice from an attorney.

If you do not have a lawyer, we recommend you use this free Lawyer Referral Service by LegalMatch or call toll free 877-517-7329. Many lawyers offer free initial consultations.

Also, have a look at our Florida legal resources page for more information about free and low cost legal services in Florida.

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