Divorce can be a challenging and stressful process, particularly if you and your spouse have irreconcilable differences. However, things can become significantly more complicated if your spouse is not present or cannot be found. In Florida, getting a divorce when your spouse is missing requires a specific legal process known as a "Divorce by Publication." This process allows the court to grant a divorce even if your spouse is missing or has disappeared.
In this article, we will discuss the steps you need to take to get a divorce in Florida when your spouse is missing.
Step 1: Try to locate your spouse.
Before starting the Divorce by Publication process, it is essential to make all reasonable efforts to locate your partner. You should try to locate your spouse using all available resources, including:
- Contacting friends and family members to see if they know their whereabouts
- Checking social media, online directories, and other public records
- Using a private investigator or a skip tracer
- Checking with the post office whether they have filed a change of address form
If you have made a reasonable effort to locate your spouse, but they are still missing, it’s time to move to Step 2.
Step 2: File a Petition for Dissolution of Marriage.
The next step is to file a petition for dissolution of marriage. You should file this petition in the circuit court of the county where you or your spouse last lived together. You will need to provide the court with a copy of your marriage certificate and a sworn statement or affidavit stating that you have made a reasonable effort to locate your spouse but have been unsuccessful.
Step 3: Publish the notice of the divorce.
Once you have filed the petition, the court will allow you to serve your spouse with papers by publication. This means you must post a notification of the divorce in a newspaper in the county where your spouse was last known to live.
The notice of the divorce must run once a week for four consecutive weeks. The publication must include the following information:
- The name of the court in which the petition was filed
- Your name
- Your spouse’s name
- The case number
- A statement that your spouse is required to respond within 20 days of the last publication
Step 4: Wait for the response.
Once the notice of the divorce has been published, your spouse has up to 20 days to respond. If your spouse does not respond within that time, the court will assume that they agree to the divorce, and you can move to Step 5.
Step 5: Attend the final hearing.
At the final hearing, you will need to prove to the court that you have made a reasonable effort to locate your spouse but have been unsuccessful.
You will also need to prove that you have satisfied all other requirements, such as child support, alimony, and property division. If the court is satisfied that you have met all the requirements, they will grant you a divorce.
Conclusion
Getting a divorce in Florida when your spouse is missing can be a challenging and lengthy process, but it is possible. By following these steps, you can obtain a divorce, even if your spouse has disappeared. It is advisable to work with an experienced attorney who can assist you through this process. By doing so, you can ensure that your legal rights are protected, and the divorce process proceeds smoothly and promptly.