Parties seeking a dissolution of their marriage in Florida must comply with any applicable procedural rules. This means, among other things, that the party that institutes an action must properly serve the initial pleading on their spouse. If they do not, the court may lack jurisdiction over the responding spouse. A person cannot attempt to avoid dissolution by evading service of process, however, as demonstrated in a recent Florida opinion issued in a divorce case. If you or your spouse intend to end your marriage, it is important to speak to a Miami divorce attorney regarding your rights.
Facts of the Case
It is alleged that the husband filed a petition for dissolution of marriage. He then hired a process server to serve the petition on the wife. The process server attempted to serve the wife at her father’s home. She tried to evade service, however, by refusing to answer telephone calls or the door and running into the house. Further, her father attempted to stop the process server from getting close to the house.
Reportedly, the process server subsequently left the wife a message on her cell phone and yelled into the house that he had papers to serve her. She did not respond, and he ultimately left the papers in an obvious location and screamed that she had been served. The wife subsequently filed a motion to dismiss the action due to improper service of process. The court denied her motion, and she appealed. Continue reading ›