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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife and I are filing an uncontested divorce. We have all

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My wife and I are filing an uncontested divorce. We have all the paperwork filled out. I am listed as petitioner. Do I have to file the divorce petition and have her served? We have the answer, child custody paperwork, etc all done, they just need to be signed and notarized by the respectful party. So, does my wife have to be served, or can I bring all signed and notarized paperwork to the courthouse when I file?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation and I do hope that this matter is resolved amicably.

Do I have to file the divorce petition and have her served?

No - not if this is an uncontested divorce. When both parties are in agreement, service can be avoided. All she would have to do is sign what is known as a 'waiver of service' and have that filed with the Court to show that she does not wish to be served. (Florida Rules of Civil Procedure R. 1.070.)

I am providing a sample waiver form here which may be modified for county and verbiage.

This is filed in lieu of service, to show the Court that the Respondent does not want and declines service.

I hope this helps and clarifies. All the best.

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