Legal Question in Family Law in Florida
Family law divorce
I had no known address for my estranged husband. I filed divorce papers and used his mothers address. The process server delivered the papers to his mothers address and she signed for them. Yet the process server marked her paperwork as a non service. The paralegal that did my paperwork said that the 20 day summons still applies as a secondary service. Is there such a thing as secondary service? If not what is my next move? I have no idea where he lives or works.
1 Answer from Attorneys
Re: Family law divorce
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There is no such thing as secondary service. You have just experienced why it is AGAINST THE LAW for a paralegal to give legal advice. This is called UPL or the unauthorized practice of law.
Unless you can prove that your husband is residing with your mother. If he resides there, then the service is proper. If not, you will need to serve your husband by publishing in the legal newspaper as recognized by the courts where the case has been filed.
Scott R. Jay, Esq.