Introduction
Going through a divorce is never an easy situation. It is a challenging and emotionally exhausting time, especially if your spouse is nowhere to be found. Are you in Florida wondering if you can file for a divorce when your spouse is missing? Well, you’re definitely not alone in this dilemma. In this article, we will delve into the topic of whether you can obtain a divorce if your spouse is missing in Florida.
Marriage laws in Florida
Before we jump into the question of obtaining a divorce when your spouse is missing in Florida, let us first understand the state’s marriage laws. Florida operates as a no-fault divorce state, meaning that you are not required to prove any wrongdoing on your spouse’s part. All you need to establish is that your marriage is "irretrievably broken."
What does "missing" mean?
When we mention a missing spouse, we mean a situation where you have had no contact or knowledge of your spouse’s whereabouts for a significant period of time. In Florida, a spouse is considered missing if they have been absent for a minimum of 60 days, and despite your best efforts, you have been unsuccessful in locating them.
Can I file for a divorce if my spouse is missing?
The simple answer is yes, you can file for a divorce even if your spouse is missing in Florida. However, the process is more complex than merely initiating the divorce and following through. You need to adhere to specific procedures, and it may take longer than a typical divorce.
Steps to follow
If you wish to file for a divorce in Florida while your spouse is missing, you must carefully follow these steps:
Attempt to locate your spouse:
The initial step involves making dedicated efforts to find your spouse. Utilize online resources, reach out to their family and friends, and consult their employer. If, despite your significant efforts, you are unable to locate them, you can consider them missing.
File a petition:
In the instance that you have diligently searched for your spouse but have been unsuccessful, you can proceed to file a petition for divorce. This petition should be filed in the circuit court of the county where you currently reside.
Serve your spouse by publication:
Since you are unable to personally serve the petition to your missing spouse, an alternative method is necessary. You will need to serve them by publication, which involves placing a notice in a newspaper for a specific duration. This notice serves to inform your spouse about the ongoing divorce proceedings.
Attend the final hearing:
After you have successfully served your missing spouse by publication, you can request a final hearing. This hearing will determine whether you can proceed with the divorce. It is crucial that you attend this hearing, and if the judge grants the divorce, you can move forward with the divorce process.
Conclusion
Initiating a divorce when your spouse is missing complicates matters considerably. Nevertheless, it is indeed possible to file for divorce in Florida, even if your spouse’s whereabouts are unknown. You must invest considerable effort in locating them, file a petition, serve them by publication, and attend the final hearing. Should you have any questions regarding divorce when your spouse is missing, it is highly advisable to seek guidance from an experienced family law attorney.