Serving FL divorce papers in PR

Divorce 6 views 3 answers
The spouse cleaned out all accounts and deserted his wife under the pretense of a business trip 4 wks ago. Wife is out of work due to ADA disability and no earnings for six months, was completely dependent upon spouse. Spouse is hiding and spending possible marital assets while residing in PR. Wife filed for divorce. Spouse had retained attorney for pending business matter in PR. Can wife serve attorney with the petition or does the attorney have to be retained by spouse for the divorce case to be served with the petition?

Attorney Answers

3
Tami Augen ·
The spouse has to be served. Even if an attorney is retained in the divorce case, unless that attorney agrees to accept service of process, the spouse still must be served.
0 upvotes
Jonathan Daniel WaldFamily Law AttorneyWest Palm Beach, FL ·
IF the PR attorney was retained for the separate "business matters" I would suggest that service upon him/her is not sufficient. The Husband would need to be served individually. There is always "substitute service", but that may limit certain abilities to award alimony and child support. This is a tough and technically difficult situation. You can also potentially try to obtain an injunction to freeze "marital assets/accounts".
0 upvotes
Barbara June HuntingDivorce / Separation LawyerPalm Harbor, FL ·
This is a difficult situation. If the Wife does not yet have an attorney, she should hire one. As stated, they may be able to file an emergency motion to freeze marital assets to stop the spending of them. Also, the attorney should be able to determine the best way to obtain service on the husband, i.e. contacting the PR attorney to see if he/she will accept service, or to find a location for the husband. There may be something in the PR lawsuit that provides information on the Husband's whereabouts, or the possibility of compelling that information, or serving him by constructive service in PR. All very complicated issues. The Wife would be best served by hiring an attorney to represent her.
0 upvotes

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