Law Office Of Paulette Hamilton Divorce Lawyers | July 1, 2025 | Divorce

When you file for divorce in Florida, the divorce papers must be served on your spouse. Service of process is the method used to deliver legal papers to an opposing party. Divorce is not the only family law action that requires service of process. 

Any legal action you bring would require service of process, including child custody, property division, annulment, child support, and alimony actions.

What happens when your spouse or other party refuses to accept service, or they hide from a process server? A process server can use various methods to serve papers. However, there are specific actions a process server is prohibited from taking under Florida law.

What Is a Process Server?

A process server is someone who delivers court documents as part of their job. They are paid to deliver the papers to individuals and other parties named in lawsuits and court actions.

Florida law requires that the Sheriff in the county where the party is located must serve court papers. However, the Sheriff can designate individuals to serve court papers in the county (i.e., process servers). 

A process server must meet specific requirements and be certified by the state to serve court documents.

How Can a Process Server Deliver Court Papers to a Party?

There are several means of service of process recognized by Florida laws. The most common means of service for divorce papers and other family court documents include:

Personal Service at a Residence

Delivering the papers directly to the party is a common means of service. Typically, the process server goes to the person’s home and hands them the papers when they answer the door. The process server cannot leave the papers stuck in the door or in the mailbox. They must hand the papers to the person for effective service.

Personal Service at Work

Process servers may go to a person’s place of employment to deliver papers. However, they must follow specific rules. They must notify the employer of their intention to serve a worker, and the employer may designate a private place for the service. A process server may be fined if they fail to notify an employer before attempting service to an employee.

When a party owns the company as a sole proprietor, the process server may leave the papers at the person’s place of business during ordinary working hours. When the party owns a business, the process server must make two attempts to serve the other directly before leaving the papers with the person in charge.

Substituted Service of Process

A process server does not have to hand the papers to the party in all situations. If the process server knows where the person lives, they may leave the papers with someone living in the residence who is 15 years old or older. The process server must explain to the person that the papers are for a court case so the person can notify the party that the papers were received.

Service by Publication

Sometimes, a person may evade service, or the process server may be unable to locate them after conducting a diligent search. In those cases, a process server may serve the papers by publication. However, the process server must file an Affidavit of Diligent Search and Inquiry with the request to serve by publication.

The process server must provide the court with the party’s last known address and explain the attempts made to serve them. They must certify they have attempted to locate the person by checking various sources such as:

  • Tax offices
  • Department of Corrections
  • Criminal records
  • Local hospitals
  • Telephone listings
  • Utility companies
  • Department of Motor Vehicles

If the court approves of service by publication, a notice is published in the legal section of a local newspaper for a specified period. After the period runs, the service is considered complete.

Things a Process Server Cannot Do to Serve Papers

Process servers are prohibited from serving papers on Sundays. If so, the service is not legal. The process server cannot break the law to serve papers. For example, they cannot trespass or break into a building to serve papers. A process server cannot claim to be a police officer or other law enforcement officer to force someone to respond to them so they can serve papers.

A Family Lawyer Can Help

An Orlando family law attorney can handle the service of process for your case. A good family law attorney understands the laws for service of process, including how to serve someone who is out of state or evading service. If you have questions about a family court case, contact an Orlando divorce lawyer at the Law Office Of Paulette Hamilton Divorce Lawyers for help. 

Law Office Of Paulette Hamilton Divorce Lawyers – Orlando
189 S Orange Ave #1400,
Orlando, FL 32801
(407) 420-2311

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