Can I get a divorce if I cannot locate my spouse?

Can I get a divorce if I cannot locate my spouse?

Yes but it is not as simple as merely telling the court that you did not know where your spouse is and having the court grant your divorce. In general, Florida requires that you make a diligent search and there are certain requirements of the search that must be adhered to the search must be completed in the state of his or her last known residence. There are firms which complete this process for you for a fee. However the sea is well worth it to make sure that the search is properly completed.

After conducting a good-faith search pursuant to the requirements to attempt to discover your spouse’s current whereabouts you’ll need to sign and file a sworn affidavit detailing the steps you took in the attempt to locate your spouse. If a firm is hired to conduct the search for you that firm will file a sworn affidavit with the steps taken to complete the diligent search. When the affidavit has been filed you will need to serve your spouse notice of a divorce by publishing it in an appropriate newspaper for continuous weeks. If an answer is not filed within the time allowed you can request a default and move forward with a final hearing on the default at which time the judge will grant the divorce if you have complied with the process and filed all necessary pleadings. If you have assets, children, or you are requesting alimony it is important to consult with an experienced attorney to discuss how these issues will be addressed if you cannot find where spouse is located.