How to Serve Court Papers in Florida

Why service matters

Proper service of process is the mechanism by which the court acquires jurisdiction over the other party. If service is defective, any orders entered against that party may be void and subject to challenge. Getting service right from the beginning protects your case and the orders you obtain.

Service of the initial petition

The initial petition (whether for dissolution, Supplemental Petition, or paternity) must be served on the respondent through personal service. This means an authorized person physically delivers the documents to the respondent.

In Florida, service of process must be performed by:

• A certified process server (licensed in the county where service is attempted)
• The county sheriff

You cannot serve papers yourself. You also cannot ask a family member or friend to serve them. The server must be a neutral third party who is authorized under Florida law.

What documents to serve

When serving the initial petition, the respondent must receive:

• The petition (dissolution, Supplemental Petition, or paternity)
• The summons (issued by the clerk after you file) — this officially notifies the respondent that a case has been filed and states the response deadline
• Any other documents filed with the petition (Financial Affidavit, proposed Parenting Plan, etc.)

The 20-day response deadline

After being served, the respondent has 20 days to file a written response with the court. This deadline is measured from the date of service, not the filing date. If the respondent fails to respond within 20 days, the petitioner can request a default from the clerk, which may allow the petitioner to proceed without the respondent's participation.

E-service for subsequent documents

Once both parties have appeared in the case (responded or filed their own papers), subsequent documents are served by e-service through the Florida Courts E-Filing Portal. Both parties receive automatic notifications when new documents are filed.

If one party is self-represented and not using the e-filing portal, service on subsequent motions can be made by email (with the party's email address on file with the court) or by mailing a copy to their address of record.

Constructive service: when the respondent cannot be found

If you cannot locate the respondent after diligent search, Florida law allows constructive service (also called service by publication). Under Florida Rule of Civil Procedure 1.070(e), you may publish a notice in a local newspaper after the court approves your affidavit of diligent search.

Constructive service has limitations. Courts obtained through constructive service are limited to status relief (such as dissolving the marriage) and cannot impose personal obligations on a party who was never personally served (such as ordering support payments or awarding property not in Florida).

Proof of service

After the respondent is served, the process server completes a Return of Service (sometimes called Proof of Service). This document states when, where, and how the respondent was served, and is signed by the process server under penalty of perjury. You must file the Return of Service with the clerk to prove that service occurred before the case can move forward.