Facing divorce can be an overwhelming task. If your spouse disappears, it might make things even more difficult. Fortunately, Florida courts offer you a different legal path that you can pursue. Here is what you need to know.
Diligent Search Requirement
The court wants to make sure that you have made sincere efforts to notify your spouse, who may be out of reach. That is why the court generally instructs you to follow a method of legal notice called “service by publication” or constructive service. You do that by:
- Putting up a notice in a legitimate newspaper (approved by the clerk of court) for a certain period of time
- Sending a copy of the divorce papers to your spouse’s last known legal address
- Submit the proof to the court that you have followed through with the above two steps
Keep in mind that Florida state law requires you to publish the notice in a newspaper at least once a week for four consecutive weeks.
Diligent Search Requirement
In addition to the above efforts, the court also requires you to make a reasonable attempt to locate them. As a result, you should try to contact family and friends to know about their whereabouts, monitor their credit accounts, check their digital footprint and many more. Basically, you must show that you did all you could to find and inform them about the divorce.
What are some obstacles ahead?
If your spouse didn’t respond to your reasonable attempt to notify them, the court may grant a default divorce in Florida. Nevertheless, other issues related to your marriage may remain unresolved. For instance, the court may not be able to divide the assets or offer you parental responsibility if you share children. The smart thing to do now is to build your case by documenting everything so that you can bolster your case. A lawyer can guide you through these hurdles.
