Being served with Dissolution of Marriage Documentation

gatorguy3 · #1 09-22-2005, 09:41 PM

I live in Florida.

I was served the Dissolusion (Divorce) Papers at my residence. Actually, the process server left them with my brother. I was not home, and actually, did not get the documents for a couple days following that day.

Can I use this to my favor for anything?

Florida Rules of Civil Procedure 1.070 states:

"At the time of personal service of process a copy of the initial pleading shall be delivered to the party upon whom service is made."

I am asking because I am sure the language is in the courts favor. In saying "shall be delivered to the party..." I am assuming that could mean to the residence.

However, should it not be served to my physical self?

iamfreeru2 · #2 09-23-2005, 06:34 AM

As you probably know I live in Florida as well. I believe the court will see this as you being served. If it is your residence the process server came to and left the papers with your brother, they will consider you being served. I do not think you have a chance of convincing the court you were not served. JMO.

gatorguy3 · #3 09-23-2005, 07:42 AM

Quote:

Originally Posted by iamfreeru2

As you probably know I live in Florida as well.

Yes, from previous posts I could tell you were from Florida. I appreciate all your comments and suggestions.

I am not trying to get out of anything, rather, I am trying to know all facets of what is going on. I want to be able to counter anything opposing counsel puts in front of me. Just covering all bases.

Libertarian · #4 09-23-2005, 04:55 PM

Check what the Florida rules say about "method of service." The Federal Rules say that it's proper service to "leav[e] [papers] at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein."

gatorguy3 · #5 09-23-2005, 10:44 PM

Quote:

Originally Posted by Libertarian

Check what the Florida rules say about "method of service." The Federal Rules say that it's proper service to "leav[e] [papers] at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein."

This is precisely the reason I was asking this question. The Florida Family Law Rules of Procedure do not specify under "method of service". I have not search for anything elsewhere as the family law rules are supposed to take precedence.

I guess I just need clarification on what the words mean in the Rule.

iamfreeru2 · #6 09-24-2005, 09:06 AM

I have copied and pasted the rule on service below.Since family law is a civil matter, I believe this is what you want. If I am incorrect please let me know.

Quote:

Fla.R.Civ.P 1.080

(b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court.
Service on the attorney or party shall be made by delivering a copy or mailing it to the attorney or the party at the last known address or, if no address is
known, by leaving it with the clerk of the court. Service by mail shall be complete upon mailing. Delivery of a copy within this rule shall be complete
upon: (1) handing it to the attorney or to the party, (2) leaving it at the attorney's or party's office with a clerk or other person in charge thereof, (3) if there is no one in charge, leaving it in a conspicuous place therein, (4) if the office is closed or the person to be served has no office, leaving it at the person's usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (5) transmitting it by facsimile to the attorney's or party's office with a cover sheet con¬
taining the sender's name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by
facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. Service by
delivery after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday. (emphasis added)

gatorguy3 · #7 09-24-2005, 09:29 AM

damn if I didn't read that Rule...I didn't see that extra information for some reason!

iamfreeru2 · #8 09-24-2005, 09:32 AM

Hey, the rules are not the greatest reading. It is easy to overlook something. That is why you need to read and re-read to let it sink in.

gatorguy3 · #9 09-26-2005, 10:12 AM

what's super hilarious is that the rules were created for the "pro se" filers in family court. The rules were intended to make things more simple. ha!

#10 09-26-2005, 05:32 PM

Don't feel bad.In Texas they are supposed to put them in your hand.The one i had with no car in the driveway rang the doorbell left them in front door and yelled served.I called the court to complain and they said they go by what he said and he claimed i refused to sign,the man never met me.