Legal Question in Family Law in Florida

husband avoids being served with divorse

What should I do when when my husband avoids being served? I don't know where he works, and he avoids being at home and does not let me know where he is. I live in Florida.


Asked on 11/26/07, 5:43 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: husband avoids being served with divorse

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can always serve your husband by publication. You will need to complete an Affidavit of Diligent Search detailing all of your efforts to locate the whereabouts of your husband and whom you contacted to try and find out. If the court is satisfied with your efforts, the publication will be accepted in lieu of actual service.

Scott R. Jay, Esq.

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Answered on 11/29/07, 12:32 am
David Slater David P. Slater, Esq.

Re: husband avoids being served with divorse

hire a private detective .

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Answered on 11/26/07, 6:03 pm
Thomas Rosenblum Rosenblum Law Offices

Re: husband avoids being served with divorse

Hello: I just read your question and the one response. His answer is correct,but not very informative. Under Fla. law, if you can't serve somebody, you can publish the Notice of Action in a business newspaper. If he fails to respond, you can seek a default judgment from the court. If, after that, husband appears and wants the Final Judgment set aside to be heard, the court could deny him that request or grant it and make him pay you for every cost you incurred. In the big pic., he will not look very good in the judge's eyes!

You can google Florida Statutes and read the various sections regarding service of process. 'Hope this helps. Tom Rosenblum, Jacksonville

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Answered on 11/26/07, 6:12 pm


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