QUESTION
Can a petition for dissolution of marriage expire after a spouse files but doesn't have the other person served?
Asked on Feb 12th, 2016 on Divorce - Florida
3 ANSWERS
John Arthur Smitten
Yes, after one year if no activity Use of a lawyer is recommended.
Answered on Mar 15th, 2016 at 4:34 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The Clerk of Court may dismiss a Petition that has not been served. The length of tome varies with the Clerk's office.
Answered on Mar 14th, 2016 at 6:18 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Well, the case is basically dismissed if service of process is not completed within 120 days, or can otherwise be dismissed for lack of prosecution after basically 10 months of no record activity. You cannot just let it sit, and it is always best to hire a professional who deals with these cases for a living.
Answered on Mar 14th, 2016 at 10:46 AM