If I’m filing an uncontested divorce but my spouse lives in another state, do I need to have him served via a process server or may I serve him via certified mail?

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If I’m filing an uncontested divorce but my spouse lives in another state, do I need to have him served via a process server or may I serve him via certified mail?

This is an amicable split; I know where my spouse is living?

Asked on July 2, 2015 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally speaking, state laws allow for the defendant in an uncontested divorce to sign an affidavit reciting the necessary elements to obtain a  divorce which also includes a paragraph about accepting servive of the summons and complant on X day and waiving right to answer and having the matter placed on the uncontested calendar.  It may be in your best interests to hire an attorney on a flat rate basis to do this for you.  Good luck. 


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