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Service by Publication in an Orlando, Florida Family Law, Dependency, and Adoption Cases

What happens if I cannot find the other party to serve a summon on that person in my Orlando, Florida Area family law, dependency, or adoption case? The party you must serve may no longer live at their last known address, and no one may know that person’s current address where he/she is located. You have looked for that person’s address on Facebook, talked to relatives and friends for an address, and you still do not know where he/she is located. 

What can you do to obtain an address for he/she to have he/she served by process server? What are your options? You could not hire a private investigator to try to track him/her down in order to serve him/her with the process. If the investigator cannot locate him/her after a thorough search, then what can you do. 

You can have the investigator do an affidavit of diligence search. In the affidavit, the investigator states that he/she has done the following: attempted to serve the person at the person’s last known address; that the investigator has checked the person’s telephone, electric, postal, records, etc. If the investigator cannot find the person, then after the diligent search is completed and the investigator has done an affidavit of diligent search, you must file that with the court. Then you must file a notice of action with the clerk. You must serve the other person by publication. This consists of you publishing the lawsuit for 4 weeks in a local newspaper. After the publication has appeared in the newspaper for four (4) consecutive weeks, you must wait twenty (20) day to make sure that the other party does not file an answer to the lawsuit.

If the other party does not file an answer to the lawsuit, then you move the court for a clerk’s default followed by a judicial default. Then you request a final hearing on the mater.

According to Florida Statute 49.011, this type of service by publication which is also known by the name of constructive service may be used in the following type of Marital and Family Law cases, dependency cases,  and adoption cases:  Chapter 751 case of Temporary Custody by an Extended Family Member, a DCFS Adoption, a stepparent Adoption, a dependency case, a termination of parental rights case, and a dissolution of marriage case. This type of service is usually a last resort. However, it may be useful and necessary, if you cannot effectuate service of process because you cannot locate the other party. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden, Esquire at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only and does not form an attorney-client privilege.