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!
January 27, 2023
Alimony is a type of court-ordered financial support given to a party after a divorce in Florida. Permanent alimony is a form of alimony in which a court orders one spouse to pay money to the other spouse for an indefinite amount of time. It is typically seen when one spouse has been financially dependent on the other for a significant time.
In the state of Florida, permanent alimony is ordered when a court finds that the spouse seeking alimony lacks the financial means to meet their needs and that the other spouse can pay. The court may consider whether one spouse has a history of domestic violence, which could influence the court’s decision. The court also has the discretion to modify or terminate the alimony if either spouse’s circumstances change. There are also specified events, such as the death of either spouse or the recipient’s remarriage, that may lead to the termination of alimony.
Understanding Permanent Alimony
In Florida, permanent alimony is a complex and vital area of family law. It is essential to understand the factors the court considers when making a decision on permanent alimony, as well as the impact that certain events may have on the alimony. Knowing this information can help both spouses make informed decisions and ensure that their rights are protected.
When deciding whether to grant permanent alimony, Florida courts take into account not only the duration of the marriage and if one party needs permanent alimony but also the ability of the party to provide that type of alimony.
Long Duration Marriages
In Florida, if two people have been married for 17 years or longer, the court may assume that it is a long-term marriage, which may make the awarding of permanent alimony more likely. However, the court can still decide that permanent alimony is not appropriate in some instances.
The purpose of permanent alimony is to provide a spouse with financial support for an extended period after the divorce. This type of alimony is usually only awarded in marriages that have lasted for a long time and where one spouse has a much higher income than the other. When the marriage is short-term, a court will usually not award permanent alimony because the need for long-term financial support does not exist.
In addition, a court will also consider the other types of alimony available when determining if permanent alimony is an appropriate option. For example, if a court believes that the spouse in need of financial support can be adequately supported through rehabilitative alimony or lump-sum alimony, they may opt to award one of these forms of alimony instead of permanent alimony.
Final Thoughts
Permanent alimony is a form of financial support paid by one spouse to the other in a Florida divorce. Its purpose is to provide financial assistance to an individual who does not have the same earning potential as their former partner did during the marriage. Permanent alimony is usually awarded when one spouse has been dependent on the other for an extended period.
The amount of alimony is based on various factors, including the length of the marriage, the couple’s standard of living, and each spouse’s income. The courts may also consider the earning capacity of each spouse, the age of each party, and the health of each spouse. Permanent alimony can last for a particular time, such as five or ten years or an indefinite period.
If you need the help of a family lawyer, turn to Dorsey Law JAX. We are the top Jacksonville attorneys specializing in family law, criminal law, and personal injury. Contact us.
January 27, 2023
The decision to end a marriage is never easy; it can be even more difficult to know what to do next. That said, getting a competent lawyer to represent you is crucial. Hiring a divorce attorney is like having an advocate by your side during the whole ordeal.
There are a lot of factors to think about, but if you can narrow your focus to which lawyer to hire, your goals, and the best way to address the problem, you may be able to make some progress. To have the life you want after divorce, you need to choose a good family lawyer.
The Importance of Recognizing Your Own Individual Needs
Recognizing your specific divorce-related demands is a prerequisite to either hiring or beginning the search for a divorce attorney. Do you, say, have any children? If you do, you’ll need to consider things like child custody and child support as you go through the divorce process. Do you have a high-asset marriage? Is there a business you and your spouse own that needs to be appraised and divided when you get divorced?
Divorce-related concerns aren’t the only ones worth thinking about for yourself and your children. You should also give some thought to the connection you want to have with your divorce attorney and how active you want to be in the proceedings. How hands-on do you wish to be in this case, or would you rather have your lawyer handle most of the details?
The Background, Experience, and Specialization of Your Attorney
You should begin looking for a divorce attorney once you have decided what is most important to you in a divorce, how you want to communicate with your attorney, and how much you are willing to pay. Here are some questions that you should ask any potential lawyers you’re interviewing:
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“What Are the Typical Circumstances of the Divorce Cases You Handle?”
There are divorce attorneys who specialize in high-asset divorces, divorces with children, and divorces between people over the age of 50. When looking for a divorce lawyer, it’s important to find one who has handled situations like yours before.
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“When Did You First Start Working as a Family Lawyer?”
There’s no shame in being a relatively fresh attorney, but as the old adage goes, “practice makes perfect.” It’s likely that your divorce attorney will be better able to represent your interests and handle any tricky issues that come up if they have more expertise in similar cases.
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“Is It More Common for You to Settle Cases or Take Them to Court?”
Finding a lawyer that is an expert negotiator and can reach favorable settlements for their clients is crucial. You should find someone with experience representing clients in court. You should be able to rely on the counsel of an accomplished attorney in the event that your divorce case goes to court.
Choosing the Right Lawyer
You’ll need to find attorneys to interview before you can inquire about their rates, expertise, and availability. How should one go about selecting an appropriate legal counsel for a divorce proceeding?
A smart place to start is to find out if anyone you know personally has recently gone through a divorce and if they were satisfied with their divorce attorney. If you need legal representation, one of the finest things you can do is ask around for referrals.
The second step is to do an online search in your direct vicinity. Check out lawyer review sites and read client testimonials once you’ve narrowed down your list of potential local attorneys. Positive client feedback is a good indicator of how competent an attorney is.
Conclusion
Choosing the right lawyer for your divorce is a critical decision. It is essential to know what to look for and to consider the cost of the lawyer’s services. You should also review the lawyer’s experience and track record and determine if you feel comfortable talking to the lawyer and discussing your case.
Ultimately, it is important to find the right lawyer that meets your needs and provides the best possible outcome for your case.
If you are looking for well-trusted and experienced attorneys specializing in Divorce and Dissolution of Marriage in Jacksonville, FL, look no further than our experts at The Dorsey Law Firm. We are the top Jacksonville attorneys, and we offer our services in cases related to family law, criminal law, and personal injury. Contact us today, and let us handle your legal concerns for you.
