Unfortunately, a high percentage of marriages end in divorce. When a couple breaks up, without filing for divorce in the appropriate court, and both sides take different paths in their lives, it can be a problem. But: what happens when a divorce is necessary and the spouse's whereabouts are unknown? In today's blog we will be talking about divorce by default. The explanations that we are going to be giving in this blog constitute the current law of the State of Florida. The laws regarding family cases may vary in each state, so I recommend that you contact an attorney in your state for more information. When someone begins a process in court, they must make the other party aware of its existence, notifying and serving the demand or petition. In a divorce proceeding, one of the parties files the petition for dissolution of marriage in the corresponding court, and forwards it to the other party to respond. But in order to proceed with the notification, it will be necessary to know the whereabouts of the other party in the process, otherwise it would be very difficult to summon the defendant. If for some reason you do not know your spouse's whereabouts, you may be able to proceed with your divorce process in absentia. The State of Florida states that you can proceed with a divorce by default if you are able to convince the judge, through an affidavit, that you have been unable to find the whereabouts of your spouse, even after diligently trying. Before proceeding with the case, the petitioner or plaintiff must diligently search for the person you want to sue. A diligent search may include searching the phone directory of the city where they may reside, contacting the last employer of which you are aware, searching public records; among other. As long as you show that the person's search has been diligent, and in good faith, but that you have not been able to find it, you may be able to divorce by default. Once this search is carried out diligently and in good faith, without obtaining results, you must proceed with the publication of the petition for the dissolution of the marriage. It will have to be published, for four weeks, in a publication specialized in publishing classified legal advertisements. If after 28 days have elapsed, your rebellious spouse does not answer the divorce petition, the divorce may proceed in absentia. Please note that when this option is exercised, the court will only dissolve the marriage bond, but will not make any pronouncement regarding common property, child support, as well as alimony or pension between the spouses. If you need to get a divorce, and you do not know the whereabouts of your spouse, contact us today. The process of a divorce by default can be overwhelming for the spouse who requests it. Let our office assist you. The first consultation is free. Call us today At Y. Morejon Attorney, P.A. your problem is our problem.
Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.