Florida divorce and subpeonas

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Divorce filed in FL. Spouse cannot be located for service. Can subpoenas be served to entities related to assets, etc. prior to personal / constructive service or does service have to be established first?

Attorney Answers

3
A Mullaney ·
You have to have her served first. If you cannot locate her, you can serve her by publication (putting a specific add in a newspaper). You should ask a lawyer about that process. Typically, you need to notify her if you are going to request documents from a non-party. I'm not really sure how you notify her if you have served her by publication.
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Barbara June HuntingDivorce / Separation LawyerPalm Harbor, FL ·
I'd suggest you consult with a family law attorney in your area. As already stated, you can serve her by publication. Once that occurs, you may need to serve notice of the subpoenas by publication as well.
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Nelson Llabona ·
There are specific prerequisites / steps that must be followed to serve notice by publication. An affidavit of diligent search is usually conducted by a Private Investigation firm, and filed with the court. Seek the services of an experienced family law attorney to make sure each step is properly followed and complied with. Additionally, by motion, you may be able to ask the Judge to permit the issuance of a subpoena without notice to the absent respondent.
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