How Does a Spouse Get Served for a Divorce in Broward County?

By Elizabeth Stock

After you file a divorce petition in Broward County, Florida, you must provide your spouse with a copy of the filed petition, referred to as service of process. If you do not properly serve your spouse with a copy of the divorce papers using the sheriff’s office or a private process server, and your spouse has not waived service, the judge can deny the divorce and dismiss your case. Therefore, following Florida's rules for service is very important.

Service of Process

Service of process is determined by state law, through the Florida Rules of Civil Procedure. According to Florida law, service is accomplished by handing your spouse a copy of the divorce petition or leaving copies at his home with an individual 15 years of age or older who also lives in the home. Service provides your spouse with notice of the divorce filing and an opportunity to respond to the divorce petition. After your spouse receives a copy of the divorce petition, he will have 20 days to respond by filing an answer. The 20 days does not include Sundays or legal holidays. You can choose to have the Broward County Sheriff serve your spouse or hire a private process server to handle this requirement.

Broward County Sheriff's Office

The Broward County Sheriff can serve your spouse with your divorce petition. After you file the divorce petition, the clerk will issue a summons to you. To have the sheriff serve your spouse, take a copy of this summons and the divorce petition to the sheriff. The sheriff may ask for information about where your spouse works or lives. Provide as much information as you can to assist the sheriff with completing service. The sheriff will then attempt to serve your spouse, but if the sheriff is busy with other matters, it may take some time before it is completed.

Divorce is never easy, but we can help. Learn More

Private Process Server

A private process server may be able to serve your spouse with divorce papers faster than the Broward County Sheriff, making a private process server a more convenient option in many instances. In addition, it may be easier to communicate with the process server and learn the status of your case than the Broward County Sheriff. However, a private process server can be more expensive than using the Broward County Sheriff.

Waiver of Service

If your spouse completes a waiver of service of process, you won't need to have the sheriff or private process server deliver your divorce papers to him. A waiver is a court document in which your spouse agrees to waive the legal requirements of service. If your spouse agrees to waive service, you may serve him by mail or personally hand deliver the divorce papers to him.

Divorce is never easy, but we can help. Learn More
How to Serve Military Personnel With Divorce Papers

References

Related articles

How to Divorce a Wife That Left the State

When a wife has left the state, it is still possible to file for divorce. Often, a couple may file for divorce in either spouse's state of residence. That said, most states have length of residency requirements, so if your wife recently moved, you may need to file for divorce in your home state. Further, although you may have the choice of where to file for divorce, consider logistical factors when choosing a jurisdiction. For example, choosing your wife’s state of residence may be costly and inconvenient in contested cases where the court will need to hold a trial.

Requirements for a Divorce in a Kentucky Prison

Filing for divorce in Kentucky is a relatively straightforward process, with the steps largely influenced by your individual circumstances. If your spouse is incarcerated, you may still file for divorce. However, the process may take a little longer due to the restrictions on your spouse's movement. The divorce may also take longer if your spouse is uncooperative or you're unable to reach agreement on marital issues, such as property division.

Louisiana Laws for Serving Divorce Papers

Divorce is rarely an easy process. Louisiana law streamlines it in some ways and complicates it in others. After you serve your spouse with your divorce papers, if she doesn’t file a response, the court will grant your divorce six months later with a minimum of fuss. However, if you can’t find her to have her served, the situation becomes much more complicated.

Get Divorced Online

Related articles

How to File a Divorce in the Dallas County Courts

To file for a divorce in Dallas County, Texas, at least one party to the divorce must be a resident of Texas for a ...

What if Your Spouse Refuses to Be Served Divorce Papers in NY State?

If you are seeking a divorce in the state of New York and your spouse refuses to receive the papers, you may still ...

How to File for Divorce From Jail

You can file for divorce from prison, but meeting the filing and appearance requirements is more difficult. You usually ...

Can an Inmate Be Served Divorce Papers While in Prison in California?

California divorces follow the same general process whether a spouse is jailed or free. An inmate is not treated ...

Browse by category
Ready to Begin? GET STARTED