Zimmerman Court Woes Continue: Amid Divorce, George Cannot Be Found for Service
Provided by HG.org
In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.
George Zimmerman, who made headlines for his murder trial following the death of African-American teen Trayvon Martin at his hands, is making headlines once again for his troubled marriage. Several weeks ago, authorities were called to his home after his estranged wife, Shellie Zimmerman, called police claiming George had hit her, threatened to kill her, and had a gun. Upon their arrival, Shellie's story changed and no gun was found at the scene. Unfortunately, an iPad upon which the incident was reportedly recorded was destroyed in the argument.
Obviously, the Zimmermans' marriage has been in jeopardy for sometime, so it is no surprise that the couple is divorcing. Unfortunately, George is not making that process easy for Shellie: he is evading service of process. As a result, the case is on hold while process servers try to locate George. The reason for George's stalling tactic is unclear.
Under Florida law, when one evades service in such a fashion, the legal process is not simply halted all together. Though not as adequate as personal service (i.e., hand delivery of the lawsuit documents), service by publication and substitute service on the Secretary of State are among other options litigants may rely upon to keep a case moving forward. Unfortunately, if one of these alternative methods of service are used and a defendant or respondent shows that it could have been served properly with personal service, it may challenge the service – even after judgment in some cases – forcing the plaintiff or petitioner to reset.
Why George Zimmerman would choose to evade service is unclear under these circumstances, though delay is often one way of applying additional pressure to plaintiffs and petitioners seeking to avoid hefty legal fees or other expenses. The probing eyes of the media may also apply additional pressure in a case such as this and may be another reason for the delay. If George can make Shellie so miserable that she will simply throw up her hands in frustration, he may be able to secure a much more favorable agreement from her for settlement. Of course, this is merely speculation and it is equally likely that George is simply evading service out of fear of having to deal with further legal battles so soon after his acquittal.
Shellie Zimmerman is no stranger to legal drama, herself. She was recently convicted of perjury after it was shown that she lied on applications for indigent status shortly after George's arrest despite having significant amounts of money available in the bank.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Obviously, the Zimmermans' marriage has been in jeopardy for sometime, so it is no surprise that the couple is divorcing. Unfortunately, George is not making that process easy for Shellie: he is evading service of process. As a result, the case is on hold while process servers try to locate George. The reason for George's stalling tactic is unclear.
Under Florida law, when one evades service in such a fashion, the legal process is not simply halted all together. Though not as adequate as personal service (i.e., hand delivery of the lawsuit documents), service by publication and substitute service on the Secretary of State are among other options litigants may rely upon to keep a case moving forward. Unfortunately, if one of these alternative methods of service are used and a defendant or respondent shows that it could have been served properly with personal service, it may challenge the service – even after judgment in some cases – forcing the plaintiff or petitioner to reset.
Why George Zimmerman would choose to evade service is unclear under these circumstances, though delay is often one way of applying additional pressure to plaintiffs and petitioners seeking to avoid hefty legal fees or other expenses. The probing eyes of the media may also apply additional pressure in a case such as this and may be another reason for the delay. If George can make Shellie so miserable that she will simply throw up her hands in frustration, he may be able to secure a much more favorable agreement from her for settlement. Of course, this is merely speculation and it is equally likely that George is simply evading service out of fear of having to deal with further legal battles so soon after his acquittal.
Shellie Zimmerman is no stranger to legal drama, herself. She was recently convicted of perjury after it was shown that she lied on applications for indigent status shortly after George's arrest despite having significant amounts of money available in the bank.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
