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If your ex-spouse is MIA and you’re ready to get a divorce so you can move on with your life, it’s undoubtedly a frustrating situation. The good news is that you have options, but the process is complex, and some criteria must be met before you can file your divorce petition. Here are the steps you need to take.
A “divorce by publication,” also known as a missing spouse divorce or one signature divorce, is used when the whereabouts of one spouse are unknown. However, using a divorce by publication means proving to a judge (under oath) that you have done all you can to find your spouse, but have been unsuccessful. A spouse without a forwarding address cannot be traditionally served with papers. This means that you will be required to conduct a “diligent search” after being granted to proceed with divorce by publication.
Florida requires petitioners of a divorce to search for the respondent and follow any leads that a diligent search may produce. The following are some of the actions that may be considered acceptable by the courts that you have conducted a diligent search:
The above are just a few examples of how to begin your “diligent search.” Later in this article, we explain the importance of having an experienced divorce lawyer assist you with locating your spouse.
Suppose the search is conducted to the court’s satisfaction. In that case, you can begin the process of filing for divorce by publication by filing an Affidavit of Diligent Search and Inquiry, which is a notarized statement outlining all the efforts made in locating your spouse. At the same time, you can then prepare a Notice of Action for Dissolution of Marriage. Once the court approves the Affidavit of Diligent Search and Inquiry, the Notice of Dissolution will be published once a week for four weeks in a newspaper that publishes classified legal advertisements. If your missing spouse does not respond within 28 days, you‘ll be able to file a Motion for Default, resulting in a default divorce.
When it comes to conducting a diligent search for your ex-spouse, it’s critical that no stone is left unturned and that the courts are satisfied that you’ve done all you can to locate your spouse. It’s also essential to have all necessary affidavits and other preparations appropriately done. Having an experienced attorney to assist you with this critical piece in getting your divorce can make all the difference in the outcome.
Whether you are up against a contested or uncontested divorce, it’s critical to build and implement a personalized divorce strategy. When unsure how to get the process started, our attorneys are here to walk you through every step of the way. Know that you are not alone and help is available.
Contact Owenby Law, P.A. at (904) 770-3141 for a consultation today if you're ready to begin the divorce process.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. We have recently been informed of mailers that appear to be from “Owenby Law Firm” recommending “Fathers Custody Center” for families going through a divorce. Please be aware these letters are not from us and we do not endorse “Fathers Custody Center,” nor are we connected with them in any way. If you have received one of these letters with our name attached, please disregard it. We are coordinating with the Florida Bar and law enforcement to find the source of these fraudulent messages. In addition, we have been informed of a scam via text messages or phone calls that appear to be from our firm or our attorneys. Please be aware that we do not take payments in the form of bitcoin or wire transfers. We also do not take payments at any other addresses. These fraudulent texts and calls are demanding to be paid in bitcoin in order to help their family members. Please be aware these phone calls or text messages are not from us and we are not affiliated with them in any way. If you have received one of these phone calls or text messages with the business name or the name of any of our attorneys or our address attached, please disregard it. We are coordinating with the Florida Bar and law enforcement to find the source of these fraudulent phone calls and text messages.
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