How long does it take to get served divorce papers in Florida?

The divorce process can be emotionally and legally complex, and one of the first critical steps is serving divorce papers to the other spouse. The timeline for serving divorce papers in Florida depends on multiple factors. In the best-case scenario, service can be completed within a few days to a couple of weeks. 

However, challenges such as evasion, relocation, or court delays can extend the timeline. You should seek legal guidance from a divorce attorney to protect your best interests right from the start.

The Divorce Process in Florida

In Florida divorce cases, the entire process is legally structured. The petitioner (the spouse filing for divorce) must complete and file the necessary paperwork with the circuit court in the county where either spouse resides. 

The petition for dissolution of marriage is then officially served on the respondent (the other spouse), who must be given formal notice of the legal proceedings. Service of process is a vital step, as the court requires proof that the respondent has received the divorce petition before proceeding with the case.

Steps in the Divorce Process

1. Filing the Petition: The petitioner submits a divorce petition to the circuit court.
2. Service of Process: The respondent is served with the divorce papers.
3. Response Period: The respondent has 20 days to file an answer.
4. Negotiations or Mediation: The parties may attempt to reach a settlement.
5. Final Hearing or Trial: If unresolved, the case proceeds to court.

After divorce papers are served, the other party has an answer period to respond. Both spouses may need to attend mediation to resolve disputes before the final trial. During the discovery process, financial and personal information is exchanged through legal documents.

Legal Requirements for Serving Divorce Papers in Florida

Florida law mandates that the respondent must be personally served with divorce papers unless they waive this requirement by signing an Acceptance of Service. The Florida Rules of Civil Procedure require that process servers follow specific methods to ensure proper service.

Methods of Service

• Personal Service by a Sheriff or Private Process Server: This is the most common method, where a sheriff’s deputy or a certified process server delivers the documents directly to the respondent.
• Substituted Service: If the respondent is unavailable, the papers may be left with another adult at their residence.
• Service by Publication: If the respondent cannot be located after due diligence, service may be made by publishing a notice in a local newspaper.

For a divorce to proceed, proper service must be confirmed through an Affidavit of Service filed with the court.

Factors Influencing the Timeline to Serve Divorce Papers

The time it takes to serve divorce papers in Florida can vary based on several factors:

Availability of the Respondent

• If the respondent is readily available, service can occur within a few days after filing.
• If the respondent is avoiding service or is difficult to locate, the process may take weeks or even months.

County-Specific Processing Times

• Each county in Florida has different processing times for issuing summonses and arranging for service.
• Some counties take one to three days, while others may require up to two weeks.

Choice Between Sheriff or Private Process Server

• Using a private process server can sometimes be faster than relying on the county sheriff, who may have a backlog of cases.

Respondent’s Willingness to Accept Service

• If the respondent willingly accepts service and signs an acknowledgment, the process can be completed immediately.
• If the respondent refuses to accept service, the server may have to attempt multiple visits, delaying the timeline.

The Need for Alternative Service Methods

• If the respondent is missing or intentionally evading service, the petitioner may need to pursue service by publication, which takes additional time (typically 30+ days of due diligence and newspaper publication requirements).

Common Challenges in Serving Divorce Papers and How They Can Be Mitigated

In some cases, serving divorce papers can be straightforward, but various obstacles can arise that cause delays. Below are common challenges and solutions:

The Respondent Is Evasive

• Challenge: The respondent actively avoids service, making it difficult for the process server to complete delivery.
• Solution: A private investigator or experienced process server may be used to locate and serve the respondent discreetly. In extreme cases, service by publication may be necessary.

The Respondent Is in Another State or Country

• Challenge: Serving papers across state or international borders can complicate the process.
• Solution: Service may be conducted under the laws of the foreign jurisdiction, using methods such as the Hague Convention for international cases.

Incorrect Address or Relocation

• Challenge: The petitioner doesn’t have up-to-date information on the respondent’s whereabouts.
• Solution: Conducting a skip trace search (a method used by professionals to locate individuals) can help track down the respondent’s current address.

Delays in Court Processing

• Challenge: Some counties have backlogs, slowing down the issuance of summonses needed for service.
• Solution: Working with an experienced divorce attorney can help expedite the filing and service process.

Uncooperative Third Parties

• Challenge: If a third party (such as a roommate or family member) refuses to accept service on behalf of the respondent, it may cause delays.
• Solution: Ensuring that service attempts occur when the respondent is likely to be present can improve success rates.

Frequently Asked Questions About the Divorce Process Timeline in Florida

How long does it take to serve divorce papers if my spouse is deployed overseas in the military?

If your spouse is on active military duty, the Servicemembers Civil Relief Act (SCRA) may delay service and divorce proceedings until they can respond. This can add months or even years to the process.

What if my spouse deliberately avoids being served?

If traditional service attempts fail, you may need to request substituted service through publication in a local newspaper, which can extend the timeline by 30 to 60 days or more.

Can service be delayed if my spouse is in a psychiatric facility?

Yes. If your spouse is involuntarily committed to a psychiatric facility, service may require additional steps, such as obtaining approval from the hospital’s legal department or appointing a guardian.

What happens if my spouse is in a foreign country with no formal legal treaty with the U.S.?

Serving papers in a country without a Hague Service Convention treaty can be difficult and time-consuming, often requiring diplomatic channels, which can take six months to a year or longer.

Can I serve divorce papers via email or social media in Florida?

Only in exceptional cases where the court approves alternative service methods due to a spouse being unreachable through traditional means. This typically requires proving due diligence in attempting regular service first.

What happens if my spouse is in a coma or mentally incapacitated—can they still be served?

If a spouse is mentally incapacitated or in a coma, a guardian ad litem may need to be appointed by the court to represent their legal interests. This can extend the timeline.

If my spouse is incarcerated, does it change the divorce timeline?

Yes. While an incarcerated spouse can still be served, their ability to respond and participate in hearings may be limited, potentially delaying the process. Special procedures may be needed to obtain their response.

Can the divorce be put on hold if my spouse and I reconcile after filing?

Yes. You can pause or dismiss your divorce case if both parties agree, but if you decide to continue later, you may have to re-file and restart the process.

What is the average uncontested divorce timeline in Florida?

The average timeline for an uncontested divorce in Florida is typically three to six months, depending on court processing times and mandatory waiting periods.

How Our Florida Divorce Attorneys Will Serve Divorce Papers Expeditiously on Your Behalf

At Veliz Katz Law, our experienced Florida divorce and family law attorneys will take the following steps to ensure timely service:

Prepare Legally Sound Documents

Our attorneys will carefully draft and file the Petition for Dissolution of Marriage in strict compliance with Florida law, ensuring it meets all legal requirements. We will compile and submit essential documents, including:

• Summons: Official notice informing your spouse of the divorce proceedings
• Financial Affidavits: Detailing each spouse’s income, assets, and debts to facilitate fair division
• Other Required Disclosures: Ensuring transparency in financial and legal matters

Select the Fastest Service Method

• Personal Service: We work with licensed process servers or law enforcement officers to personally serve your spouse.
• Substituted Service: If your spouse is unavailable, we may serve a responsible adult at their home or workplace.
• Alternative Service: If traditional service fails, we will seek court approval for service by publication, email, or social media when applicable.

Handle Evasive or Missing Spouses

• We conduct skip tracing to locate spouses who have moved or are intentionally avoiding service.
• If necessary, we petition the court for service by publication, allowing the divorce to proceed even if the spouse cannot be found.

Address Special Circumstances

• For spouses in the military, out-of-state, or overseas, we follow legal protocols to ensure valid service under Florida and federal law.
• If your spouse is incarcerated or mentally incapacitated, we take the necessary legal steps to serve them appropriately.

With swift and strategic action, our team at Veliz Katz Law ensures that your divorce proceeds without unnecessary delays. To schedule your free consultation, call us at 407-634-1835 or contact us online.