February 10, 2023
If your spouse hasn’t contacted you in a while and you want to file a divorce, you might wonder if it’s possible to file a divorce even when the said spouse cannot be located. The short answer is “yes”; you can certainly do so. If reasonable efforts have already been made to locate your missing spouse and you still failed to find them, it could indicate that your spouse is trying to avoid the divorce. However, should that happen, you can still successfully end your marriage and start anew.
Here, Dorsey Law Jax shares what you need to know:
Filing for Divorce Without Your Spouse in Florida
Florida law allows people to file for divorce even when they’re alone. What this means is that even if your spouse has somehow disappeared, and even if you suspect that they’re doing it on purpose as they refuse to cooperate with the legal process, you can still petition a Florida court for a divorce.
In general, you are allowed to file for divorce alone if any of these applies to you:
- Your spouse is refusing to sign divorce-related documents
- Your spouse’s location is unknown despite reasonable efforts to find them
- Your spouse is hiding from your or the process servers
A divorce attorney can help you file for divorce on your own if any of these applies to you.
What Are the Requirements for Filing and Serving Divorce Papers in Florida?
When either spouse files for a divorce, the other spouse must be served. This service refers to the delivery of court documents that serve as a formal notification of the divorce filing, together with the set court date for the initial hearing.
Professional process servers are professionals who execute the process of service. They are experts in finding individuals who are subject to lawsuits and in delivering court documents. Process servers already know that many people try to avoid the service of process, so they hone their research skills and devise unique techniques to locate and serve them their papers.
There are a few requirements for serving divorce papers:
- Petitioners cannot serve divorce papers themselves; only those with authority to perform service of process, including the county’s sheriff where the spouse to be served is located and professional process servers.
- The process server should personally deliver divorce papers to the respondent. The papers are not to be left in a mailbox unless the respondent is evading service. Copies of the divorce papers can also be left at the respondent’s residence.
- Process servers should contact the respondent’s employer so they are informed of the service of the process before the respondent is served at their place of work.
- Service of process cannot be performed on a Sunday.
- Service of process has to comply with specific local and state requirements.
What Happens If a Process Server Cannot Locate the Respondent?
If a process server cannot locate your spouse, you must ensure that they have exercised due diligence before you move forward. What this means is that you cannot just decide to tell the court that your spouse is either missing or evading the service of process after just one attempt. The process server should explore all possibilities as to where your spouse could be, and all theories should be acted upon to complete the service of the process.
Citation by Publication
This may be the only way to move forward with a divorce if the respondent is missing or evading the process. Citation by publication requires the notification of your spouse of a pending divorce in a newspaper. However, proceeding under such circumstances often does not conclude as typical divorces do.
Conclusion
If you are worried that you could not get a divorce because your spouse cannot be located, don’t be. As you have learned from this post, you can indeed file for divorce whether or not your spouse is present. The best way to ensure that things are done correctly is to seek the help of a seasoned divorce lawyer who can help you navigate the complexities of divorce.
Dorsey Law JAX offers the legal services of highly experienced Jacksonville attorneys specializing in family law, among others. Schedule a legal consultation today to find out what your next step should be!
