What is Divorce by Publication in Florida
Florida allows divorce by publication as a legal alternative where individuals wish to dissolve their marriage but cannot contact their spouse. This may be the case if your husband/wife has gone missing without informing you where he/she is or if they do not want to cooperate with the process of divorce. In such cases, you will not be able to serve them personally with your divorce papers.
However, this is not an indication that one should stay married to someone who is missing. The publication option offers the opportunity of adding a notice in a newspaper likely read by your spouse for divorce proceedings. This way, you give them a chance to know about your intention and respond to it.
This is not an easy or typical method for getting divorced. It is intended as a last resort when every other effort has been made to locate or reach him/her. If you want to qualify for this method, Florida courts will need evidence that you have sincerely tried finding your spouse. These requirements will be discussed in section two. If your spouse does not reply to the notice in some time, the court can grant you a divorce by default.
Qualifying Factors / Things to Consider Before Divorce
Divorce by publication in Florida can only be obtained by serving an absent spouse. One must meet certain conditions before they can do so:
- Database searches: In addition to attempts at serving papers to your estranged spouse, contacting them, and locating their whereabouts through databases are also required if your partner has gone missing or is incommunicable. This would normally entail requesting your spouse’s current driver’s license records from the Department of Motor Vehicles (DMV), searching for local inmates in jails and penitentiaries, and finding out whether they have joined the military.
- Missing spouse: The most important requirement that one must meet as far as divorce by publication is concerned is doing everything they can to try to locate their lost spouses. You must demonstrate that you made genuine efforts to reach him/her through sending them messages about the intention to divorce from you. So working with an attorney would help ensure you have taken all necessary steps to make contact with your spouse while properly documenting these endeavors for presentation in court.
- No response: Another condition for obtaining a divorce by publication in Florida requires that there was no reply from the respondent regarding the petition filed or he/she escaped being served then it will be escalated through publishing it in newspapers. This can happen when a spouse deliberately tries to delay the divorce process or there is no communication between the parties. You must prove to the courts that you have followed the correct procedure to serve papers to your spouse via a certified process server or law enforcement.
How To Get A Divorce By Publication In Florida / Steps
If you and your lawyer are sure you have exhausted all possible avenues to locate or inform your spouse, you can proceed with the divorce by publication. In Florida, there are specific steps that you must follow to initiate the separation process.
1. Petition Filing
First, the divorce petition should be lodged with the family court located in your locality. The date of marriage, place of marriage, names and ages of children if any, and finally grounds for divorce are some of the relevant materials to be submitted concerning the marriage.
In addition, an Affidavit of Diligent Search should also be attached, which is a sworn statement that you exhausted every reasonable effort to find your spouse so you could serve him or her with the divorce papers.
2. Notice by publication
Once you have filed your petition and an affidavit to support it, the court will review your case and determine whether you are eligible for a divorce by publication. In this case, the judge will issue a Notice of Action, which is a legal notice telling that your spouse has been given 28 days within which they can respond to your request for a divorce.
This notice must then be published in an approved newspaper reaching out to all areas where she was said to reside last as per court records. The posting is done once each week for four weeks continuously.
3. Default Decision
Where your spouse does not respond to the demand within 28 days, you can request the court to make a default judgment in your favor. This means that the court will grant you a divorce as per the terms you asked for in your petition without input or consent from your spouse.
However, this does not imply that the court is going to give in automatically to all that you requested; especially on child custody, child support, alimony, and property division. Therefore, the court may require further evidence or testimony supporting your claims.
4. Final Ruling
After the judge allows the default judgment, he or she will document a final decree of dissolution of marriage. This is an official paper that marks the end of your marriage and includes strictly legally binding conditions under which you are divorced such as how assets and debts will be shared, how much child support or alimony shall accrue to you, and what parenting plan should apply if any children are born out of it.
Carefully go through this decree and ensure it reflects what was agreed upon in your petition. Ahead of signing it up therefore ask questions relating to any concerns at hand from the lawyer’s perspective.
Divorce by Publication with Minor Children
Sometimes, you may want to end your marriage with a missing spouse. You may have children with them, but they have never been involved in their lives. How can you get a divorce in such a situation?
It’s important to note, however, that if you have children with your spouse, this will be a legal requirement even though you have never seen or supported them. You must first try to find where your missing partner is and then serve her/him with divorce papers.
There are some cases when it becomes impossible to locate the spouse but there are no ways of finding him/her. One may go to court and ask for a divorce notice through publication. This implies that you can place your divorce notice in an allowed newspaper. If he/she does not read or reply to it, the court may grant you a divorce after a certain time limit.
Nevertheless, take into consideration that dissolving a marriage involving an absent spouse cannot lead to regular child support from them. The fact that you do not know their location and income means that they won’t be ordered by any court to contribute towards the support of your kids. If at all you cannot trace your husband in the future and apply for an amendment on the decree of separation; then you will remain as a sole provider for your children.
FAQs
1. How Much Does A Divorce By Publication Cost in FL?
The process of divorce by publication is considered to be a legal way of ending a marriage if one cannot find a spouse. Different rates are depending on the state and method of service. In Florida, it can be as low as $300 to $500, for instance, concerning newspaper fees and court costs.
2. How Long Does Divorce By Publication Take In Florida?
A period of around 8 weeks is usually taken before the missing spouse can be found after taking all necessary steps when filing for a divorce through publication in Florida. The procedure comprises a petition, searching diligently, publishing notice, and getting a final judgment.
3. How To Get Divorce Papers In Florida?
Divorce records are public in Florida unless they have been expunged or sealed by the court. They can be accessed in person or online through the county clerk’s office or the Bureau of Vital Statistics.
4. Are Divorce Records Public In Florida?
Public records consist of everything including divorce records within the state unless otherwise expunged or sealed by court order. They may be accessed at any time via the county clerk’s office or the Bureau of Vital Statistics (Certificates) either personally or through an online platform.
5. How To Find Divorce Records In Florida For Free?
One may look for divorce records online on third-party websites that deal with public records or even go to the Clerk of Circuit Court website where the divorce was pronounced.
Conclusion
For spouses who have no idea about the whereabouts of their partners, they can sue for a Divorce by Publication in Florida. In this way, they can avoid all the unnecessary steps taken while pursuing divorce through other procedures. This involves posting an announcement in newspapers and waiting for a response. In case the spouse does not respond, then it means that the court can offer a divorce without requiring his or her consent.
However, this method is difficult; finding a missing spouse is one thing, and providing proof of publication is another. For example, in Florida, divorce by publication may only settle one thing which is: property division but not alimony or child support issues. Thus, spouses should always consult with advocates before selecting this option.