Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In order for a family law proceeding to be considered fair, a party must receive notice of the proceedings. This is a fundamental part of what is known as due process. Notice of a family law proceeding starts with service of the petition and a summons on a party. This personal service is usually required before a court can make decisions that affect a person’s life, property or freedom. This was an issue in the case Swarek v. Lindsay, 1D20-3093 (Fla. 1st DCA May 18, 2021).
The former wife filed for a domestic violence injunction against the former husband. Without explanation in the appellate opinion, the trial court entered a final judgment against the former husband. He appealed. The appellate opinion noted that because there was no evidence that the former husband was personally served or that he waived his right to be personally served, the trial court had no personal jurisdiction over him to render a judgment against him. The final judgment was therefore reversed.
To be sure that all of your rights are being protected during your family law proceeding, schedule a consultation with a Miami family law attorney to discuss your case.