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WHAT TO DO WHEN A SUMMONS COMES BACK UNEXECUTED IN A DIVORCE PETITION IN FLORIDA?
Anonymous3 views4 answers
I filed for divorce; my wife and I have 2 minor children. She does not want to grant me the divorce. I filed all the required paperwork with the courts. Paid the Palm Beach County Sheriff to serve her but the summons came back unexcecuted. What should I do next: Publication or serve her again?
Gregory Thomas BuckleyDivorce / Separation LawyerGainesville, FL ·
Did the sheriff indicate why they were unable to serve her the first time? If you think they can find and serve her the second time, get an Alias Summons issued and send it back to the sheriff with as much information as you may have about her work schedule, etc. That will most likely be much cheaper than getting a private process server appointed.
The first thing you need to do is to have what's called an "Alias Summons" issued by the Clerk. I would then hire a private process server to get the job done right. Assuming you have the right home address and have some inkling as to when she might be there you might be able to call the server to let them know that she is home and to get over there to serve her. Additionally, if you know where she works, you should put that address on the summons as well and get her served at work.
Yes, you will need to obtain another summons, an alias summons, and this time use a private process server that will put more effort into serving her than a sheriff will.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com
