Is it possible for the respondent to waive the initial service in Orange county?

[cyberfreak95]

Hi,
My question is related to a non-simplified, uncontested, dissolution of marriage that will be filed in the ninth judicial circuit (Orange country), Florida.

I see that in some counties it is possible for the respondent to waive the service by sheriff requirement in an uncontested marriage case, but I am unable to find anything specific about the ninth circuit or Orange county and I know this stuff varies a little between counties. For example, in Seminole county, the eighteenth circuit provides a form specifically for this purpose.

Can you tell me - Is to possible for the respondent to waive being served the divorce papers by the Sheriff (or other authorized party) or is the service process required in Orange county?

Basically, do I really have to have the sheriff serve the divorce papers or can both parties just go down to the courthouse and file the paperwork together?

 

[single317dad]

You could use one of the many documents online from other counties as a guide (I found Seminole, Santa Rosa, and Escambia Counties with a quick search), but you'll need to follow your local court rules and make sure headers on all pleadings follow the required format. You can ask the clerk or records keeper to see other cases and view or possibly even make copies of certain documents. For that to be useful, you'd probably need to know which case(s) you want to see; they won't be very receptive to "browsing".

http://www.flcourts.org/core/fileparse.php/293/urlt/903a.pdf

http://myorangeclerk.com/enu/Pages/court-services/dissolution-of-marriage.aspx

http://phonl.com/fl_law/rules/frcp/frcp1070.htm

(i) Service of Process by Mail. A defendant may accept service of process by mail.

(1) Acceptance of service of a complaint by mail does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.
(2) A plaintiff may notify any defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:

(A) be in writing and be addressed directly to the defendant, if an individual, or to an officer or managing or general agent of the defendant or other agent authorized by appointment or law to receive service of process;
(B) be dispatched by certified mail, return receipt requested;

(C) be accompanied by a copy of the complaint and shall identify the court in which it has been filed;

(D) inform the defendant of the consequences of compliance and of failure to comply with the request;

(E) state the date on which the request is sent;

(F) allow the defendant 20 days from the date on which the request is received to return the waiver, or, if the address of the defendant is outside of the United States, thirty days from the date on which it is received to return the waiver; and

(G) provide the defendant with an extra copy of the notice and request, including the waiver, as well as a prepaid means of compliance in writing.

(3) If a defendant fails to comply with a request for waiver within the time provided herein, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.

(4) A defendant who, before being served with process, timely returns a waiver so requested is not required to respond to the complaint until 60 days after the date the defendant received the request for waiver of service. For purposes of computing any time prescribed or allowed by these rules, service of process shall be deemed effected 20 days before the time required to respond to the complaint.

(5) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in subdivision (4) above, as if a summons and complaint had been served at the time of filing the waiver, and no further proof of service shall be required.

 

[cyberfreak95]

Cool thanks for the info!

I found the Seminole county form a few days back, that's what gave me the idea - but it's weird because even though the family law is written at the state level, each judicial circuit seems to have their own intricacies. Some counties have all the forms put together in a packet available for free download on their website and others (like Orange) want you to go to the courthouse and pay $15 for them.

I figured I could go down there and ask them, but (like most things in Orange county) I'm sure the wait will be horrible and I didn't really want to trudge all the way down there and stand in line with my ex for several hours only to find out that I need to go through the service process anyway and then we both need to take another day off work to do it all over again. Granted, it seems silly to be forced to go though that process if she is standing right there, but it wouldn't be all that shocking if they required it anyway just because they can.

 

[Zigner]

I figured I could go down there and ask them...

The clerks aren't allowed to give legal advice.

I would strongly suggest that you and your husband bite the bullet and pay for an hour's worth of his time for a consultation.

 

[cyberfreak95]

But I am not asking for legal advice, I am asking for the procedure, which should not be subjective or advisory.

Understandably divorce is a complex matter, but we have already worked out an agreement that is good for everyone. I thought a "how does the process work" question would be a relatively straightforward, but perhaps I am destined to kill two days waiting in line at the courthouse.

 

[single317dad]

it's weird because even though the family law is written at the state level, each judicial circuit seems to have their own intricacies

The state writes the Rules of Civil Procedure. Each county and even individual courts can have Local Rules. Most of the local rules I've come across are intended to streamline common issues and avoid logjams, but they can exist for any reason and can say just about anything that isn't unconstitutional or contrary to state law. The court should be able to provide you with their local rules, if any exist.

 

[Silverplum]

But I am not asking for legal advice, I am asking for the procedure, which should not be subjective or advisory.

Understandably divorce is a complex matter, but we have already worked out an agreement that is good for everyone. I thought a "how does the process work" question would be a relatively straightforward, but perhaps I am destined to kill two days waiting in line at the courthouse.

However you classify it, the clerks are not permitted to act as your attorney.

 

[Silverplum]

Cool thanks for the info!

I found the Seminole county form a few days back, that's what gave me the idea - but it's weird because even though the family law is written at the state level, each judicial circuit seems to have their own intricacies. Some counties have all the forms put together in a packet available for free download on their website and others (like Orange) want you to go to the courthouse and pay $15 for them.

I figured I could go down there and ask them, but (like most things in Orange county) I'm sure the wait will be horrible and I didn't really want to trudge all the way down there and stand in line with my ex for several hours only to find out that I need to go through the service process anyway and then we both need to take another day off work to do it all over again. Granted, it seems silly to be forced to go though that process if she is standing right there, but it wouldn't be all that shocking if they required it anyway just because they can.

You have to read your local Rules to get the answer if you don't want to wait in line. Regardless, you need the OC packet.

 

[Zigner]

But I am not asking for legal advice, I am asking for the procedure, which should not be subjective or advisory.

You are asking for interpretation of the law and for advice on what portion of the law is applicable in your case. That is much different. A procedural question would be: "What window do I go to for filing my documents?"

ETA: Single317dad already answered your question - it would seem that service by the sheriff is not required.