• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Office of A. James Mullaney

Jacksonville Divorce Lawyer | Florida Family Law Attorney & Mediator

CALL US NOW (904) 858-4334
  • Home
  • Practice Areas
    • Divorce
      • Alimony
      • Child Support
      • Child Support Calculator
      • Cohabitation
      • Contested Divorce
      • Equitable Distribution
      • Military Issues
      • Parenting Plans
      • Relocations
      • Time Sharing and Visitation
      • Uncontested Divorce
    • Mediation
    • Paternity
      • Child Support
      • Florida Child Support Calculator
      • Parenting Plans
      • Time Sharing and Visitation
    • Other Family Law
      • Annulment
      • Contempt
      • Domestic Violence
      • Modifications
      • Prenuptial Agreements
  • Video FAQ
  • Portal
  • Blog
  • About
  • Contact
  • Home
  • Practice Areas
    • Divorce
      • Alimony
      • Child Support
      • Child Support Calculator
      • Cohabitation
      • Contested Divorce
      • Equitable Distribution
      • Military Issues
      • Parenting Plans
      • Relocations
      • Time Sharing and Visitation
      • Uncontested Divorce
    • Mediation
    • Paternity
      • Child Support
      • Florida Child Support Calculator
      • Parenting Plans
      • Time Sharing and Visitation
    • Other Family Law
      • Annulment
      • Contempt
      • Domestic Violence
      • Modifications
      • Prenuptial Agreements
  • Video FAQ
  • Portal
  • Blog
  • About
  • Contact
Call
Blog
Contact

In Florida what if my spouse cannot be found for service of the divorce papers?

what if my spouse cannot be found for service

  • Legal F.A.Q.
  • Divorce
  • In Florida what if my spouse cannot be found for service of the divorce papers?

what if my spouse cannot be found for service

In Florida what if my spouse cannot be found for service of the divorce papers?

As a general legal principal, you need to give the other side notice that a lawsuit has been filed against them. Usually, this is done by personally serving a copy of your Petition or Complaint on them by a process server.

There is an alternative to this personal service if you do not know the location of your spouse. In this situation, you would need to file a document called an Affidavit of Diligent Search with the Clerk of Court. This document tells the Clerk the court how you have unsuccessfully tried to locate your spouse.

Once the Clerk receives this document, they will be able to issue another document called a Notice of Action. This document needs to be published in a newspaper near the lost spouse’s last known address. The ad needs to run once a week for four consecutive weeks.

If the lost spouse does not respond by the date listed in the Notice of Action, this will have the same legal effect as the spouse being personally served and failing to respond. At this point, the Clerk can enter a default against the lost spouse and your case can proceed to a default final hearing.

family law frequently asked questions
in Divorce
Did this article answer your question?

Related Articles

  • What are the Requirements to get a divorce in Florida
  • What are the residency requirements to file for divorce in Florida?
  • In which county in Florida should I file my divorce case?
  • In Florida what happens if a Wife has a child that is not the biological child of her Husband?

Primary Sidebar

Get Help Now

Practice Areas

  • Divorce
  • Mediation
  • Paternity
  • Annulment
  • Uncontested Divorce
  • Contempt
  • Modifications
  • Prenuptial Agreements
VIEW ALLPRACTICE AREAS

Recent Post

My Florida Child Support Calculator – New for 2020

10 Jan 2020 | By Jim Mullaney

Why did I create My Florida Child Support Calculator? I often hear from potential clients after they have appeared in … Read More about My Florida Child Support Calculator – New for 2020

Money trouble

Does Divorce Hurt Your Credit Score?

1 Jul 2017 | By Jim Mullaney

Does divorce hurt your credit score? The quick answer is "yes." But only in some situations. Your credit score is not … Read More about Does Divorce Hurt Your Credit Score?

VIEW ALL BLOGS

Footer

Quick Links

  • Home
  • Practice Areas
  • Video F.A.Q.s
  • Portal
  • Blog
  • About
  • Contact

Contact Information

  • 8777 San Jose Blvd., Ste. 302, Jacksonville, FL 32217
  • (904) 858-4334
  • Email Us
Local map
  • Facebook
  • Google+
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • Vimeo
  • YouTube
For family law help in Jacksonville, FL, call A. James Mullaney. We’re committed to helping you and your family make a smooth transition to the next phase of your life.
Credit card logos

© 2023 Law Office of A. James Mullaney. All rights reserved.