Divorce With Children by Publication in Florida
A Florida divorce involving children may sometimes proceed by publication when the other spouse cannot be located after a legally sufficient diligent search. Publication provides constructive notice, but it is not a substitute for personally serving a spouse who can be found.
A final hearing is ordinarily required in the publication-with-children process handled by Divorce in Florida Online. The relief available may also be limited when the missing spouse has not been personally served and has not appeared in the case.
Publication is not used merely because a spouse refuses to sign, ignores messages or does not want the divorce. If the spouse can be located for service, the case may instead need to proceed by summons.
This page specifically addresses missing-spouse publication cases involving minor children. For an explanation of all three possible pathways, begin with our general Florida divorce-with-children guide.
What Is a Divorce With Children by Publication?
A divorce by publication is a judicial divorce in which constructive service may be used because personal service on the other spouse cannot be completed under the circumstances permitted by Florida law.
A legal notice, commonly called a Notice of Action, is published or posted through the procedure applicable to the case. The notice gives the missing spouse an opportunity to respond before the case may proceed toward default and a final hearing.
Publication does not create a private or nonjudicial divorce. The case must still be filed with a Florida Clerk of Court, reviewed by a judge and completed through a signed Final Judgment.
Florida law authorizes constructive service in dissolution-of-marriage proceedings under Florida Statutes section 49.011.
Does Your Situation Appear to Involve a Missing Spouse?
The following questions can help identify facts that may affect the document-preparation and publication process:
- Has at least one spouse resided in Florida for the six months immediately before filing?
- Is the other spouse’s current location genuinely unknown?
- Have meaningful efforts already been made to locate the spouse?
- Can the search efforts be documented truthfully?
- Are minor children involved?
- Where do the children currently live?
- Have the children recently moved into or out of Florida?
- Does another state or country have an existing parenting or support order?
- Is another parenting, support or divorce case already pending?
- Is the petitioner asking the court to address child support, property, debts or alimony?
- Are there safety, domestic-violence or child-abuse concerns?
This checklist identifies relevant facts. It does not determine whether publication is legally authorized, whether Florida has jurisdiction or what relief the court may grant.
Publication, Summons or Mutual Agreement?
The location and participation of the other spouse help distinguish the available document-preparation pathways.
| Situation | Possible pathway | Resource |
|---|---|---|
| The spouse can be located, agrees on all necessary issues and will complete the required steps. | Mutual-agreement divorce | Mutual-agreement divorce with children |
| The spouse can be located but will not sign or cooperate before filing. | Formal service by summons | Divorce with children by summons |
| The spouse cannot be located after meaningful and documented search efforts. | Publication may be considered | Continue with this guide |
A publication case should not be described as “uncontested” merely because the missing spouse does not respond. The spouse has not participated in or signed a mutual agreement.
Is Publication Used Only When a Spouse’s Address Is Unknown?
The publication-with-children process described on this page is designed for cases in which the spouse’s whereabouts remain unknown after diligent search.
Florida law contains additional constructive-service provisions that may apply in other circumstances. For example, Florida Statutes section 49.041 addresses sworn statements involving an unknown residence and certain circumstances involving an out-of-state residence, extended absence or concealment.
Divorce in Florida Online cannot determine whether a particular situation legally qualifies for constructive service. This page and our established publication workflow focus on customers who genuinely cannot locate their spouses.
What Is a Diligent Search?
A diligent search is the documented effort to locate the other spouse before relying on publication to provide notice of the divorce.
The purpose is to demonstrate that publication is not being used merely because personal service is inconvenient or because the spouse is expected to be uncooperative.
The search may involve different records, addresses, contacts and information sources depending on the facts. There is no single casual internet search that automatically establishes legal sufficiency.
The sworn statement used for constructive service must truthfully describe the search and provide the spouse’s name and residence as particularly as they are known. Florida’s statutory sworn-statement requirements appear in section 49.041.
Completing a search checklist does not guarantee that publication will be authorized. The customer must provide complete and truthful information. Divorce in Florida Online may assist with the established search and document-preparation workflow used in the cases we handle, but we cannot decide that a search is legally sufficient or guarantee that the clerk or judge will accept it.
What If the Missing Spouse Is Found?
If the search locates the spouse, publication may no longer be the appropriate way to provide notice.
The case may need to proceed through personal service or another legally sufficient method. If the spouse becomes cooperative and both spouses reach complete agreement, a mutual-agreement process may become possible.
Finding the spouse does not prevent the divorce from moving forward. It changes the facts that determine the applicable notice and document-preparation procedure.
How Does a Divorce With Children by Publication Proceed?
Although the exact requirements depend on the case and court procedure, the publication-with-children process generally involves several distinct stages.
1. Provide the case information
The petitioner provides factual information about the marriage, children, missing spouse, last known location, search efforts, prior court orders, property and other applicable issues.
2. Prepare the initial divorce documents
The applicable documents are prepared based on the information supplied by the petitioner. Divorce in Florida Online cannot decide what relief the petitioner should request or determine whether Florida has jurisdiction.
3. Complete and document the diligent search
Search efforts are completed and truthfully documented for the constructive-service request.
4. File the case and search documentation
The petition and applicable constructive-service documents are submitted to the Clerk of Court. Filing does not guarantee that publication will be accepted or that the requested relief will be granted.
5. Obtain and publish the Notice of Action
When constructive service may proceed, the applicable Notice of Action is published or posted according to the legally authorized procedure.
Florida law generally provides for publication once each week for four consecutive weeks in dissolution proceedings. A statutory posting procedure may apply to qualifying indigent litigants. Court instructions and the actual notice control the applicable deadlines and procedure. See Florida Statutes section 49.10.
6. File proof of publication or posting
Proof showing that the notice was published or posted as required must be submitted to the court.
7. Allow the response period to expire
The missing spouse must receive the full response period stated in the Notice of Action. The petitioner should not assume that the case can proceed before that deadline expires.
8. Request a default when appropriate
If the missing spouse does not respond, the petitioner may request a clerk’s or judicial default when applicable. A default is not entered automatically merely because the response deadline passes.
9. Complete the parenting-course requirement
In the publication-with-children process handled by Divorce in Florida Online, the petitioner completes the required four-hour parenting course and provides proof of completion.
10. Attend the final hearing
A final hearing is ordinarily required for the publication-with-children process we handle. The petitioner must follow the court’s instructions concerning whether the hearing is remote or in person and what documents or testimony are required.
11. Judicial decision and Final Judgment
The judge reviews the case and decides whether the marriage can be dissolved and what other relief may legally be granted. The divorce is not final unless and until the judge signs and enters the Final Judgment.
What Can the Court Address After Constructive Service?
Ending the marriage and entering orders against a missing spouse are not necessarily the same thing.
Constructive service may allow the court to determine marital status, but it does not necessarily establish personal jurisdiction over the missing spouse. Without personal jurisdiction, the court’s authority to enter personal financial orders may be limited.
| Issue | General consideration |
|---|---|
| Ending the marriage | Constructive service may permit the court to dissolve the marriage when the applicable requirements are satisfied. |
| Child support | In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment. |
| Parenting and time-sharing | Available child-related relief depends on UCCJEA jurisdiction, notice, prior orders, the child’s circumstances and the court’s authority. |
| Property and debts | The court’s authority may depend on personal jurisdiction, the location of property and other case-specific facts. |
| Alimony or other personal financial relief | Personal financial orders may be limited when the missing spouse has not been personally served and has not appeared. |
This table provides general information. It does not determine what relief is available in a particular case. A licensed Florida attorney should be consulted when the petitioner needs advice about jurisdiction, financial relief, parenting authority or legal strategy.
What Happens With Child Support?
When the other parent has not been located, personally served or appeared, child support is not handled in the same way as it would be in a mutual-agreement or ordinary summons case.
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment.
This company-process limitation does not mean child support is permanently waived or that it can never be addressed if the missing parent is later located. The procedure available at that time will depend on the circumstances, existing orders and jurisdiction.
Divorce in Florida Online cannot advise someone what later support or enforcement proceeding to pursue. Questions about future child support may require information from the appropriate agency or advice from a licensed attorney.
Read general information about Florida child support in divorce.
How Are Parenting and Time-Sharing Addressed When a Parent Is Missing?
A publication case differs from a mutual-agreement divorce because the missing parent is not participating in an agreed parenting arrangement.
The documents must reflect the actual circumstances, including the other parent’s unknown location. Any requested parenting or time-sharing provisions remain subject to the court’s jurisdiction, authority and review under the child’s best interests.
The missing parent’s absence does not automatically guarantee:
- Sole parental responsibility
- A particular time-sharing schedule
- Authority to relocate
- Termination of the missing parent’s rights
- Any other requested parenting outcome
Divorce in Florida Online cannot recommend what parenting relief to request or predict what the court will order.
Read general information about Florida parenting-plan requirements.
Florida Divorce Residency and Child Jurisdiction Are Different
Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed.
That divorce-residency requirement does not automatically determine whether a Florida court has jurisdiction to enter initial parenting or time-sharing orders.
Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA, may require consideration of:
- The child’s home state
- Where the child lived during the previous six months
- Recent interstate moves
- Existing parenting or custody orders
- Pending proceedings in another state
- Whether another state declined jurisdiction
- Significant connections and available evidence
- Emergency circumstances
Florida’s initial child-related jurisdiction provisions appear in Florida Statutes section 61.514.
Recent moves, existing out-of-state orders, foreign-country issues or uncertainty about where the children’s case belongs are strong reasons to consult a licensed attorney.
Who Completes the Parenting Course?
For the publication-with-children process handled by Divorce in Florida Online, the filing spouse—the petitioner—completes the approved four-hour Parent Education and Family Stabilization Course.
Florida law generally requires parties to a dissolution involving minor children to complete the course before entry of the Final Judgment unless excused by the court for good cause. The missing spouse is not participating in the company’s qualifying publication process.
The petitioner must use an approved provider and provide the applicable proof of completion for filing.
Learn more about Florida’s parenting-course requirement.
How Long Does a Divorce With Children by Publication Take?
Publication divorces involving children commonly take approximately three to six months through the process currently handled by Divorce in Florida Online.
This is an estimate, not a guarantee. Timing can be affected by:
- Completion of the diligent search
- Preparation and filing of the sworn search documentation
- Clerk and court review
- Publication or posting requirements
- The response period
- Entry of default when applicable
- Parenting-course completion
- Final-hearing availability
- Requests for corrections or additional information
- The missing spouse appearing or responding
The search, notice period and judicial-review requirements cannot simply be skipped to shorten the case.
What Expenses Are Separate From Document Preparation?
Publication cases can involve expenses that are separate from the company’s document-preparation service, including:
- Court filing fees
- Card-processing charges when applicable
- Newspaper or publication-provider charges
- Parenting-course fees
- Remote notarization when applicable
- Certified copies or optional clerk services
- Attorney fees if legal advice or representation is obtained
Fees can change and should be confirmed before filing.
A petitioner who cannot afford the court filing fee may be able to apply for civil indigent status. Florida law also provides a posting procedure for qualifying indigent litigants in certain dissolution proceedings.
Learn about Florida’s court filing-fee waiver and civil-indigent-status application.
What If the Missing Spouse Appears or Responds?
A publication case can change if the missing spouse is located, appears or files a response.
Depending on when that happens, the case may require:
- A different method of service
- Additional documents
- A response to disputed issues
- Financial disclosure
- Mediation
- A different hearing procedure
- Attorney advice or representation
Divorce in Florida Online can review the factual information and identify whether the matter appears to remain within one of our established document-preparation workflows. We cannot determine legal strategy, advise how someone should respond or represent either spouse.
Can the Publication Document Process Be Handled Remotely?
Much of the document-preparation process can be completed remotely. Depending on the case, this may include:
- Providing information electronically
- Receiving prepared documents electronically
- Completing remote online notarization when appropriate
- Receiving electronic-filing support
- Communicating without visiting an office
Remote document preparation does not eliminate the final-hearing requirement. The petitioner must follow the court’s instructions concerning whether the hearing will occur remotely or in person.
When Should the Petitioner Speak With an Attorney?
Legal advice may be especially important when:
- The children recently moved into or out of Florida
- Another state or country has entered a parenting or support order
- Another case is already pending
- The petitioner is unsure whether Florida has jurisdiction
- Child support or other personal financial relief is requested
- The marriage involves real estate, retirement accounts, businesses or significant debts
- Alimony is requested
- The missing spouse may be concealing their location
- Domestic violence, coercion, abuse or child-safety concerns exist
- The petitioner needs advice about what relief to request
- The spouse appears or responds during the case
An attorney can provide legal advice, evaluate jurisdiction, recommend legal strategy and represent a party at the final hearing. Divorce in Florida Online does not perform those services.
How Divorce in Florida Online May Assist
Divorce in Florida Online is a non-attorney divorce-document-preparation service with more than 15 years of experience serving customers remotely throughout all 67 Florida counties.
What we can do
- Collect factual information supplied by the customer
- Prepare documents within our established service scope
- Assist with the diligent-search workflow used in qualifying cases
- Prepare documents using the customer’s truthful search information
- Coordinate remote notarization when applicable
- Provide electronic-filing support when appropriate
- Provide information about our established publication document-preparation process
What we cannot do
- Provide legal advice
- Represent the petitioner at the final hearing
- Determine whether a search is legally sufficient
- Guarantee that publication will be accepted
- Determine personal jurisdiction or UCCJEA jurisdiction
- Recommend what parenting or financial relief to request
- Predict what a default or Final Judgment will contain
- Advise how to proceed if the missing spouse responds
- Guarantee timing or any court outcome
Tell Us About Your Missing-Spouse Divorce With Children
If you genuinely cannot locate your spouse and minor children are involved, tell us about your situation. Include factual information about:
- Your spouse’s last known location
- When you last had contact
- Search efforts already completed
- Where the children currently live
- Recent moves
- Existing parenting or support orders
- The document-preparation assistance you are seeking
We will review whether the matter appears to fit our established publication document-preparation workflow. This review is not a legal determination that publication is authorized or that Florida has jurisdiction.
Questions? Call or text 800-474-1970.
Frequently Asked Questions
Can I get a Florida divorce by publication if we have children?
A Florida divorce involving children may sometimes proceed by publication when the spouse cannot be located after a legally sufficient diligent search. Child-related and financial relief may be limited, and a final hearing is ordinarily required in the process handled by Divorce in Florida Online.
Can I use publication if my spouse refuses to sign?
Publication is not used merely because a spouse refuses to sign or cooperate. If the spouse can be located for service, the case may instead need to proceed through formal service by summons.
What is a diligent search for a missing spouse?
A diligent search is the documented effort to locate the spouse before requesting constructive service. The required efforts depend on the facts, and the sworn search information must be complete and truthful.
Does completing a diligent-search checklist guarantee publication?
No. A checklist can help organize search efforts, but it does not guarantee that the clerk or judge will find the search legally sufficient or authorize the case to proceed through publication.
What happens if my spouse is found during the search?
Publication may no longer be the appropriate notice method. The spouse may need to be personally served, or a mutual-agreement process may become possible if both spouses cooperate and reach complete agreement.
What happens after the Notice of Action is published?
Proof of publication or posting must be filed, and the spouse receives the response period stated in the notice. If no response is filed, a default may be requested when applicable before the case proceeds toward a final hearing.
Is a default automatic if my spouse does not respond?
No. Expiration of the response period does not automatically enter a default. A clerk’s or judicial default must be requested and entered when applicable, and a default does not guarantee the requested relief.
Can child support be ordered against the missing spouse?
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against a spouse who has not been located, personally served or appeared. This does not mean support is permanently waived or can never be addressed later.
What happens to parenting and time-sharing when the other parent is missing?
The documents must reflect the missing parent’s actual absence. Any requested parenting or time-sharing provisions remain subject to UCCJEA jurisdiction, the court’s authority and judicial review under the child’s best interests.
Do I have to complete the parenting course?
In the company’s publication-with-children process, the petitioner completes the approved four-hour parenting course and provides proof of completion for filing.
Is a final hearing required?
Yes. A final hearing is ordinarily required for the divorce-with-children publication process handled by Divorce in Florida Online. The court determines whether the hearing will be remote or in person.
How long does a divorce with children by publication take?
These cases commonly take approximately three to six months through the company’s current process. The diligent search, publication, response period, default procedure, parenting course and final-hearing schedule can affect the timeline.
What if my spouse appears after publication begins?
The required service, documents and court procedure may change. What happens next depends on when the spouse appears, whether a response is filed and which issues remain disputed.
Can Divorce in Florida Online determine whether publication is legally appropriate?
No. We can identify whether the facts appear to fit our established document-preparation workflow, but we cannot determine legal sufficiency, jurisdiction, available relief or the legal strategy a petitioner should use.
Official Florida Resources
- Florida Statutes section 49.011 — Cases in which publication may be allowed
- Florida Statutes section 49.041 — Sworn statement and diligent search
- Florida Statutes section 49.10 — Notice, publication and proof
- Florida Statutes section 61.021 — Divorce residency
- Florida Statutes section 61.13 — Parenting, time-sharing and child support
- Florida Statutes section 61.21 — Parenting-course requirement
- Florida Statutes section 61.514 — Initial child-related jurisdiction
- Florida Supreme Court-approved family-law forms
Legal and Non-Attorney Disclaimer
Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. We do not provide legal advice, legal representation or guarantees concerning diligent search, constructive service, jurisdiction, default, parenting matters, child support, property, court procedures, timing or case outcomes.
The information on this page is general and may change. Publication requirements and available relief depend on the law, court procedures and facts of the case. Consult a licensed Florida attorney for advice about your legal rights, jurisdiction, requested relief or how to proceed if the missing spouse appears.
A Florida divorce involving children may sometimes proceed by publication when the other spouse cannot be located after a legally sufficient diligent search. Publication provides constructive notice, but it is not a substitute for personally serving a spouse who can be found.
A final hearing is ordinarily required in the publication-with-children process handled by Divorce in Florida Online. The relief available may also be limited when the missing spouse has not been personally served and has not appeared in the case.
Publication is not used merely because a spouse refuses to sign, ignores messages or does not want the divorce. If the spouse can be located for service, the case may instead need to proceed by summons.
This page specifically addresses missing-spouse publication cases involving minor children. For an explanation of all three possible pathways, begin with our general Florida divorce-with-children guide.
What Is a Divorce With Children by Publication?
A divorce by publication is a judicial divorce in which constructive service may be used because personal service on the other spouse cannot be completed under the circumstances permitted by Florida law.
A legal notice, commonly called a Notice of Action, is published or posted through the procedure applicable to the case. The notice gives the missing spouse an opportunity to respond before the case may proceed toward default and a final hearing.
Publication does not create a private or nonjudicial divorce. The case must still be filed with a Florida Clerk of Court, reviewed by a judge and completed through a signed Final Judgment.
Florida law authorizes constructive service in dissolution-of-marriage proceedings under Florida Statutes section 49.011.
Does Your Situation Appear to Involve a Missing Spouse?
The following questions can help identify facts that may affect the document-preparation and publication process:
- Has at least one spouse resided in Florida for the six months immediately before filing?
- Is the other spouse’s current location genuinely unknown?
- Have meaningful efforts already been made to locate the spouse?
- Can the search efforts be documented truthfully?
- Are minor children involved?
- Where do the children currently live?
- Have the children recently moved into or out of Florida?
- Does another state or country have an existing parenting or support order?
- Is another parenting, support or divorce case already pending?
- Is the petitioner asking the court to address child support, property, debts or alimony?
- Are there safety, domestic-violence or child-abuse concerns?
This checklist identifies relevant facts. It does not determine whether publication is legally authorized, whether Florida has jurisdiction or what relief the court may grant.
Publication, Summons or Mutual Agreement?
The location and participation of the other spouse help distinguish the available document-preparation pathways.
| Situation | Possible pathway | Resource |
|---|---|---|
| The spouse can be located, agrees on all necessary issues and will complete the required steps. | Mutual-agreement divorce | Mutual-agreement divorce with children |
| The spouse can be located but will not sign or cooperate before filing. | Formal service by summons | Divorce with children by summons |
| The spouse cannot be located after meaningful and documented search efforts. | Publication may be considered | Continue with this guide |
A publication case should not be described as “uncontested” merely because the missing spouse does not respond. The spouse has not participated in or signed a mutual agreement.
Is Publication Used Only When a Spouse’s Address Is Unknown?
The publication-with-children process described on this page is designed for cases in which the spouse’s whereabouts remain unknown after diligent search.
Florida law contains additional constructive-service provisions that may apply in other circumstances. For example, Florida Statutes section 49.041 addresses sworn statements involving an unknown residence and certain circumstances involving an out-of-state residence, extended absence or concealment.
Divorce in Florida Online cannot determine whether a particular situation legally qualifies for constructive service. This page and our established publication workflow focus on customers who genuinely cannot locate their spouses.
What Is a Diligent Search?
A diligent search is the documented effort to locate the other spouse before relying on publication to provide notice of the divorce.
The purpose is to demonstrate that publication is not being used merely because personal service is inconvenient or because the spouse is expected to be uncooperative.
The search may involve different records, addresses, contacts and information sources depending on the facts. There is no single casual internet search that automatically establishes legal sufficiency.
The sworn statement used for constructive service must truthfully describe the search and provide the spouse’s name and residence as particularly as they are known. Florida’s statutory sworn-statement requirements appear in section 49.041.
Completing a search checklist does not guarantee that publication will be authorized. The customer must provide complete and truthful information. Divorce in Florida Online may assist with the established search and document-preparation workflow used in the cases we handle, but we cannot decide that a search is legally sufficient or guarantee that the clerk or judge will accept it.
What If the Missing Spouse Is Found?
If the search locates the spouse, publication may no longer be the appropriate way to provide notice.
The case may need to proceed through personal service or another legally sufficient method. If the spouse becomes cooperative and both spouses reach complete agreement, a mutual-agreement process may become possible.
Finding the spouse does not prevent the divorce from moving forward. It changes the facts that determine the applicable notice and document-preparation procedure.
How Does a Divorce With Children by Publication Proceed?
Although the exact requirements depend on the case and court procedure, the publication-with-children process generally involves several distinct stages.
1. Provide the case information
The petitioner provides factual information about the marriage, children, missing spouse, last known location, search efforts, prior court orders, property and other applicable issues.
2. Prepare the initial divorce documents
The applicable documents are prepared based on the information supplied by the petitioner. Divorce in Florida Online cannot decide what relief the petitioner should request or determine whether Florida has jurisdiction.
3. Complete and document the diligent search
Search efforts are completed and truthfully documented for the constructive-service request.
4. File the case and search documentation
The petition and applicable constructive-service documents are submitted to the Clerk of Court. Filing does not guarantee that publication will be accepted or that the requested relief will be granted.
5. Obtain and publish the Notice of Action
When constructive service may proceed, the applicable Notice of Action is published or posted according to the legally authorized procedure.
Florida law generally provides for publication once each week for four consecutive weeks in dissolution proceedings. A statutory posting procedure may apply to qualifying indigent litigants. Court instructions and the actual notice control the applicable deadlines and procedure. See Florida Statutes section 49.10.
6. File proof of publication or posting
Proof showing that the notice was published or posted as required must be submitted to the court.
7. Allow the response period to expire
The missing spouse must receive the full response period stated in the Notice of Action. The petitioner should not assume that the case can proceed before that deadline expires.
8. Request a default when appropriate
If the missing spouse does not respond, the petitioner may request a clerk’s or judicial default when applicable. A default is not entered automatically merely because the response deadline passes.
9. Complete the parenting-course requirement
In the publication-with-children process handled by Divorce in Florida Online, the petitioner completes the required four-hour parenting course and provides proof of completion.
10. Attend the final hearing
A final hearing is ordinarily required for the publication-with-children process we handle. The petitioner must follow the court’s instructions concerning whether the hearing is remote or in person and what documents or testimony are required.
11. Judicial decision and Final Judgment
The judge reviews the case and decides whether the marriage can be dissolved and what other relief may legally be granted. The divorce is not final unless and until the judge signs and enters the Final Judgment.
What Can the Court Address After Constructive Service?
Ending the marriage and entering orders against a missing spouse are not necessarily the same thing.
Constructive service may allow the court to determine marital status, but it does not necessarily establish personal jurisdiction over the missing spouse. Without personal jurisdiction, the court’s authority to enter personal financial orders may be limited.
| Issue | General consideration |
|---|---|
| Ending the marriage | Constructive service may permit the court to dissolve the marriage when the applicable requirements are satisfied. |
| Child support | In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment. |
| Parenting and time-sharing | Available child-related relief depends on UCCJEA jurisdiction, notice, prior orders, the child’s circumstances and the court’s authority. |
| Property and debts | The court’s authority may depend on personal jurisdiction, the location of property and other case-specific facts. |
| Alimony or other personal financial relief | Personal financial orders may be limited when the missing spouse has not been personally served and has not appeared. |
This table provides general information. It does not determine what relief is available in a particular case. A licensed Florida attorney should be consulted when the petitioner needs advice about jurisdiction, financial relief, parenting authority or legal strategy.
What Happens With Child Support?
When the other parent has not been located, personally served or appeared, child support is not handled in the same way as it would be in a mutual-agreement or ordinary summons case.
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment.
This company-process limitation does not mean child support is permanently waived or that it can never be addressed if the missing parent is later located. The procedure available at that time will depend on the circumstances, existing orders and jurisdiction.
Divorce in Florida Online cannot advise someone what later support or enforcement proceeding to pursue. Questions about future child support may require information from the appropriate agency or advice from a licensed attorney.
Read general information about Florida child support in divorce.
How Are Parenting and Time-Sharing Addressed When a Parent Is Missing?
A publication case differs from a mutual-agreement divorce because the missing parent is not participating in an agreed parenting arrangement.
The documents must reflect the actual circumstances, including the other parent’s unknown location. Any requested parenting or time-sharing provisions remain subject to the court’s jurisdiction, authority and review under the child’s best interests.
The missing parent’s absence does not automatically guarantee:
- Sole parental responsibility
- A particular time-sharing schedule
- Authority to relocate
- Termination of the missing parent’s rights
- Any other requested parenting outcome
Divorce in Florida Online cannot recommend what parenting relief to request or predict what the court will order.
Read general information about Florida parenting-plan requirements.
Florida Divorce Residency and Child Jurisdiction Are Different
Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed.
That divorce-residency requirement does not automatically determine whether a Florida court has jurisdiction to enter initial parenting or time-sharing orders.
Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA, may require consideration of:
- The child’s home state
- Where the child lived during the previous six months
- Recent interstate moves
- Existing parenting or custody orders
- Pending proceedings in another state
- Whether another state declined jurisdiction
- Significant connections and available evidence
- Emergency circumstances
Florida’s initial child-related jurisdiction provisions appear in Florida Statutes section 61.514.
Recent moves, existing out-of-state orders, foreign-country issues or uncertainty about where the children’s case belongs are strong reasons to consult a licensed attorney.
Who Completes the Parenting Course?
For the publication-with-children process handled by Divorce in Florida Online, the filing spouse—the petitioner—completes the approved four-hour Parent Education and Family Stabilization Course.
Florida law generally requires parties to a dissolution involving minor children to complete the course before entry of the Final Judgment unless excused by the court for good cause. The missing spouse is not participating in the company’s qualifying publication process.
The petitioner must use an approved provider and provide the applicable proof of completion for filing.
Learn more about Florida’s parenting-course requirement.
How Long Does a Divorce With Children by Publication Take?
Publication divorces involving children commonly take approximately three to six months through the process currently handled by Divorce in Florida Online.
This is an estimate, not a guarantee. Timing can be affected by:
- Completion of the diligent search
- Preparation and filing of the sworn search documentation
- Clerk and court review
- Publication or posting requirements
- The response period
- Entry of default when applicable
- Parenting-course completion
- Final-hearing availability
- Requests for corrections or additional information
- The missing spouse appearing or responding
The search, notice period and judicial-review requirements cannot simply be skipped to shorten the case.
What Expenses Are Separate From Document Preparation?
Publication cases can involve expenses that are separate from the company’s document-preparation service, including:
- Court filing fees
- Card-processing charges when applicable
- Newspaper or publication-provider charges
- Parenting-course fees
- Remote notarization when applicable
- Certified copies or optional clerk services
- Attorney fees if legal advice or representation is obtained
Fees can change and should be confirmed before filing.
A petitioner who cannot afford the court filing fee may be able to apply for civil indigent status. Florida law also provides a posting procedure for qualifying indigent litigants in certain dissolution proceedings.
Learn about Florida’s court filing-fee waiver and civil-indigent-status application.
What If the Missing Spouse Appears or Responds?
A publication case can change if the missing spouse is located, appears or files a response.
Depending on when that happens, the case may require:
- A different method of service
- Additional documents
- A response to disputed issues
- Financial disclosure
- Mediation
- A different hearing procedure
- Attorney advice or representation
Divorce in Florida Online can review the factual information and identify whether the matter appears to remain within one of our established document-preparation workflows. We cannot determine legal strategy, advise how someone should respond or represent either spouse.
Can the Publication Document Process Be Handled Remotely?
Much of the document-preparation process can be completed remotely. Depending on the case, this may include:
- Providing information electronically
- Receiving prepared documents electronically
- Completing remote online notarization when appropriate
- Receiving electronic-filing support
- Communicating without visiting an office
Remote document preparation does not eliminate the final-hearing requirement. The petitioner must follow the court’s instructions concerning whether the hearing will occur remotely or in person.
When Should the Petitioner Speak With an Attorney?
Legal advice may be especially important when:
- The children recently moved into or out of Florida
- Another state or country has entered a parenting or support order
- Another case is already pending
- The petitioner is unsure whether Florida has jurisdiction
- Child support or other personal financial relief is requested
- The marriage involves real estate, retirement accounts, businesses or significant debts
- Alimony is requested
- The missing spouse may be concealing their location
- Domestic violence, coercion, abuse or child-safety concerns exist
- The petitioner needs advice about what relief to request
- The spouse appears or responds during the case
An attorney can provide legal advice, evaluate jurisdiction, recommend legal strategy and represent a party at the final hearing. Divorce in Florida Online does not perform those services.
How Divorce in Florida Online May Assist
Divorce in Florida Online is a non-attorney divorce-document-preparation service with more than 15 years of experience serving customers remotely throughout all 67 Florida counties.
What we can do
- Collect factual information supplied by the customer
- Prepare documents within our established service scope
- Assist with the diligent-search workflow used in qualifying cases
- Prepare documents using the customer’s truthful search information
- Coordinate remote notarization when applicable
- Provide electronic-filing support when appropriate
- Provide information about our established publication document-preparation process
What we cannot do
- Provide legal advice
- Represent the petitioner at the final hearing
- Determine whether a search is legally sufficient
- Guarantee that publication will be accepted
- Determine personal jurisdiction or UCCJEA jurisdiction
- Recommend what parenting or financial relief to request
- Predict what a default or Final Judgment will contain
- Advise how to proceed if the missing spouse responds
- Guarantee timing or any court outcome
Tell Us About Your Missing-Spouse Divorce With Children
If you genuinely cannot locate your spouse and minor children are involved, tell us about your situation. Include factual information about:
- Your spouse’s last known location
- When you last had contact
- Search efforts already completed
- Where the children currently live
- Recent moves
- Existing parenting or support orders
- The document-preparation assistance you are seeking
We will review whether the matter appears to fit our established publication document-preparation workflow. This review is not a legal determination that publication is authorized or that Florida has jurisdiction.
Questions? Call or text 800-474-1970.
Frequently Asked Questions
Can I get a Florida divorce by publication if we have children?
A Florida divorce involving children may sometimes proceed by publication when the spouse cannot be located after a legally sufficient diligent search. Child-related and financial relief may be limited, and a final hearing is ordinarily required in the process handled by Divorce in Florida Online.
Can I use publication if my spouse refuses to sign?
Publication is not used merely because a spouse refuses to sign or cooperate. If the spouse can be located for service, the case may instead need to proceed through formal service by summons.
What is a diligent search for a missing spouse?
A diligent search is the documented effort to locate the spouse before requesting constructive service. The required efforts depend on the facts, and the sworn search information must be complete and truthful.
Does completing a diligent-search checklist guarantee publication?
No. A checklist can help organize search efforts, but it does not guarantee that the clerk or judge will find the search legally sufficient or authorize the case to proceed through publication.
What happens if my spouse is found during the search?
Publication may no longer be the appropriate notice method. The spouse may need to be personally served, or a mutual-agreement process may become possible if both spouses cooperate and reach complete agreement.
What happens after the Notice of Action is published?
Proof of publication or posting must be filed, and the spouse receives the response period stated in the notice. If no response is filed, a default may be requested when applicable before the case proceeds toward a final hearing.
Is a default automatic if my spouse does not respond?
No. Expiration of the response period does not automatically enter a default. A clerk’s or judicial default must be requested and entered when applicable, and a default does not guarantee the requested relief.
Can child support be ordered against the missing spouse?
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against a spouse who has not been located, personally served or appeared. This does not mean support is permanently waived or can never be addressed later.
What happens to parenting and time-sharing when the other parent is missing?
The documents must reflect the missing parent’s actual absence. Any requested parenting or time-sharing provisions remain subject to UCCJEA jurisdiction, the court’s authority and judicial review under the child’s best interests.
Do I have to complete the parenting course?
In the company’s publication-with-children process, the petitioner completes the approved four-hour parenting course and provides proof of completion for filing.
Is a final hearing required?
Yes. A final hearing is ordinarily required for the divorce-with-children publication process handled by Divorce in Florida Online. The court determines whether the hearing will be remote or in person.
How long does a divorce with children by publication take?
These cases commonly take approximately three to six months through the company’s current process. The diligent search, publication, response period, default procedure, parenting course and final-hearing schedule can affect the timeline.
What if my spouse appears after publication begins?
The required service, documents and court procedure may change. What happens next depends on when the spouse appears, whether a response is filed and which issues remain disputed.
Can Divorce in Florida Online determine whether publication is legally appropriate?
No. We can identify whether the facts appear to fit our established document-preparation workflow, but we cannot determine legal sufficiency, jurisdiction, available relief or the legal strategy a petitioner should use.
Official Florida Resources
- Florida Statutes section 49.011 — Cases in which publication may be allowed
- Florida Statutes section 49.041 — Sworn statement and diligent search
- Florida Statutes section 49.10 — Notice, publication and proof
- Florida Statutes section 61.021 — Divorce residency
- Florida Statutes section 61.13 — Parenting, time-sharing and child support
- Florida Statutes section 61.21 — Parenting-course requirement
- Florida Statutes section 61.514 — Initial child-related jurisdiction
- Florida Supreme Court-approved family-law forms
Legal and Non-Attorney Disclaimer
Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. We do not provide legal advice, legal representation or guarantees concerning diligent search, constructive service, jurisdiction, default, parenting matters, child support, property, court procedures, timing or case outcomes.
The information on this page is general and may change. Publication requirements and available relief depend on the law, court procedures and facts of the case. Consult a licensed Florida attorney for advice about your legal rights, jurisdiction, requested relief or how to proceed if the missing spouse appears.
A Florida divorce involving children may sometimes proceed by publication when the other spouse cannot be located after a legally sufficient diligent search. Publication provides constructive notice, but it is not a substitute for personally serving a spouse who can be found.
A final hearing is ordinarily required in the publication-with-children process handled by Divorce in Florida Online. The relief available may also be limited when the missing spouse has not been personally served and has not appeared in the case.
Publication is not used merely because a spouse refuses to sign, ignores messages or does not want the divorce. If the spouse can be located for service, the case may instead need to proceed by summons.
This page specifically addresses missing-spouse publication cases involving minor children. For an explanation of all three possible pathways, begin with our general Florida divorce-with-children guide.
What Is a Divorce With Children by Publication?
A divorce by publication is a judicial divorce in which constructive service may be used because personal service on the other spouse cannot be completed under the circumstances permitted by Florida law.
A legal notice, commonly called a Notice of Action, is published or posted through the procedure applicable to the case. The notice gives the missing spouse an opportunity to respond before the case may proceed toward default and a final hearing.
Publication does not create a private or nonjudicial divorce. The case must still be filed with a Florida Clerk of Court, reviewed by a judge and completed through a signed Final Judgment.
Florida law authorizes constructive service in dissolution-of-marriage proceedings under Florida Statutes section 49.011.
Does Your Situation Appear to Involve a Missing Spouse?
The following questions can help identify facts that may affect the document-preparation and publication process:
- Has at least one spouse resided in Florida for the six months immediately before filing?
- Is the other spouse’s current location genuinely unknown?
- Have meaningful efforts already been made to locate the spouse?
- Can the search efforts be documented truthfully?
- Are minor children involved?
- Where do the children currently live?
- Have the children recently moved into or out of Florida?
- Does another state or country have an existing parenting or support order?
- Is another parenting, support or divorce case already pending?
- Is the petitioner asking the court to address child support, property, debts or alimony?
- Are there safety, domestic-violence or child-abuse concerns?
This checklist identifies relevant facts. It does not determine whether publication is legally authorized, whether Florida has jurisdiction or what relief the court may grant.
Publication, Summons or Mutual Agreement?
The location and participation of the other spouse help distinguish the available document-preparation pathways.
| Situation | Possible pathway | Resource |
|---|---|---|
| The spouse can be located, agrees on all necessary issues and will complete the required steps. | Mutual-agreement divorce | Mutual-agreement divorce with children |
| The spouse can be located but will not sign or cooperate before filing. | Formal service by summons | Divorce with children by summons |
| The spouse cannot be located after meaningful and documented search efforts. | Publication may be considered | Continue with this guide |
A publication case should not be described as “uncontested” merely because the missing spouse does not respond. The spouse has not participated in or signed a mutual agreement.
Is Publication Used Only When a Spouse’s Address Is Unknown?
The publication-with-children process described on this page is designed for cases in which the spouse’s whereabouts remain unknown after diligent search.
Florida law contains additional constructive-service provisions that may apply in other circumstances. For example, Florida Statutes section 49.041 addresses sworn statements involving an unknown residence and certain circumstances involving an out-of-state residence, extended absence or concealment.
Divorce in Florida Online cannot determine whether a particular situation legally qualifies for constructive service. This page and our established publication workflow focus on customers who genuinely cannot locate their spouses.
What Is a Diligent Search?
A diligent search is the documented effort to locate the other spouse before relying on publication to provide notice of the divorce.
The purpose is to demonstrate that publication is not being used merely because personal service is inconvenient or because the spouse is expected to be uncooperative.
The search may involve different records, addresses, contacts and information sources depending on the facts. There is no single casual internet search that automatically establishes legal sufficiency.
The sworn statement used for constructive service must truthfully describe the search and provide the spouse’s name and residence as particularly as they are known. Florida’s statutory sworn-statement requirements appear in section 49.041.
Completing a search checklist does not guarantee that publication will be authorized. The customer must provide complete and truthful information. Divorce in Florida Online may assist with the established search and document-preparation workflow used in the cases we handle, but we cannot decide that a search is legally sufficient or guarantee that the clerk or judge will accept it.
What If the Missing Spouse Is Found?
If the search locates the spouse, publication may no longer be the appropriate way to provide notice.
The case may need to proceed through personal service or another legally sufficient method. If the spouse becomes cooperative and both spouses reach complete agreement, a mutual-agreement process may become possible.
Finding the spouse does not prevent the divorce from moving forward. It changes the facts that determine the applicable notice and document-preparation procedure.
How Does a Divorce With Children by Publication Proceed?
Although the exact requirements depend on the case and court procedure, the publication-with-children process generally involves several distinct stages.
1. Provide the case information
The petitioner provides factual information about the marriage, children, missing spouse, last known location, search efforts, prior court orders, property and other applicable issues.
2. Prepare the initial divorce documents
The applicable documents are prepared based on the information supplied by the petitioner. Divorce in Florida Online cannot decide what relief the petitioner should request or determine whether Florida has jurisdiction.
3. Complete and document the diligent search
Search efforts are completed and truthfully documented for the constructive-service request.
4. File the case and search documentation
The petition and applicable constructive-service documents are submitted to the Clerk of Court. Filing does not guarantee that publication will be accepted or that the requested relief will be granted.
5. Obtain and publish the Notice of Action
When constructive service may proceed, the applicable Notice of Action is published or posted according to the legally authorized procedure.
Florida law generally provides for publication once each week for four consecutive weeks in dissolution proceedings. A statutory posting procedure may apply to qualifying indigent litigants. Court instructions and the actual notice control the applicable deadlines and procedure. See Florida Statutes section 49.10.
6. File proof of publication or posting
Proof showing that the notice was published or posted as required must be submitted to the court.
7. Allow the response period to expire
The missing spouse must receive the full response period stated in the Notice of Action. The petitioner should not assume that the case can proceed before that deadline expires.
8. Request a default when appropriate
If the missing spouse does not respond, the petitioner may request a clerk’s or judicial default when applicable. A default is not entered automatically merely because the response deadline passes.
9. Complete the parenting-course requirement
In the publication-with-children process handled by Divorce in Florida Online, the petitioner completes the required four-hour parenting course and provides proof of completion.
10. Attend the final hearing
A final hearing is ordinarily required for the publication-with-children process we handle. The petitioner must follow the court’s instructions concerning whether the hearing is remote or in person and what documents or testimony are required.
11. Judicial decision and Final Judgment
The judge reviews the case and decides whether the marriage can be dissolved and what other relief may legally be granted. The divorce is not final unless and until the judge signs and enters the Final Judgment.
What Can the Court Address After Constructive Service?
Ending the marriage and entering orders against a missing spouse are not necessarily the same thing.
Constructive service may allow the court to determine marital status, but it does not necessarily establish personal jurisdiction over the missing spouse. Without personal jurisdiction, the court’s authority to enter personal financial orders may be limited.
| Issue | General consideration |
|---|---|
| Ending the marriage | Constructive service may permit the court to dissolve the marriage when the applicable requirements are satisfied. |
| Child support | In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment. |
| Parenting and time-sharing | Available child-related relief depends on UCCJEA jurisdiction, notice, prior orders, the child’s circumstances and the court’s authority. |
| Property and debts | The court’s authority may depend on personal jurisdiction, the location of property and other case-specific facts. |
| Alimony or other personal financial relief | Personal financial orders may be limited when the missing spouse has not been personally served and has not appeared. |
This table provides general information. It does not determine what relief is available in a particular case. A licensed Florida attorney should be consulted when the petitioner needs advice about jurisdiction, financial relief, parenting authority or legal strategy.
What Happens With Child Support?
When the other parent has not been located, personally served or appeared, child support is not handled in the same way as it would be in a mutual-agreement or ordinary summons case.
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment.
This company-process limitation does not mean child support is permanently waived or that it can never be addressed if the missing parent is later located. The procedure available at that time will depend on the circumstances, existing orders and jurisdiction.
Divorce in Florida Online cannot advise someone what later support or enforcement proceeding to pursue. Questions about future child support may require information from the appropriate agency or advice from a licensed attorney.
Read general information about Florida child support in divorce.
How Are Parenting and Time-Sharing Addressed When a Parent Is Missing?
A publication case differs from a mutual-agreement divorce because the missing parent is not participating in an agreed parenting arrangement.
The documents must reflect the actual circumstances, including the other parent’s unknown location. Any requested parenting or time-sharing provisions remain subject to the court’s jurisdiction, authority and review under the child’s best interests.
The missing parent’s absence does not automatically guarantee:
- Sole parental responsibility
- A particular time-sharing schedule
- Authority to relocate
- Termination of the missing parent’s rights
- Any other requested parenting outcome
Divorce in Florida Online cannot recommend what parenting relief to request or predict what the court will order.
Read general information about Florida parenting-plan requirements.
Florida Divorce Residency and Child Jurisdiction Are Different
Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed.
That divorce-residency requirement does not automatically determine whether a Florida court has jurisdiction to enter initial parenting or time-sharing orders.
Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA, may require consideration of:
- The child’s home state
- Where the child lived during the previous six months
- Recent interstate moves
- Existing parenting or custody orders
- Pending proceedings in another state
- Whether another state declined jurisdiction
- Significant connections and available evidence
- Emergency circumstances
Florida’s initial child-related jurisdiction provisions appear in Florida Statutes section 61.514.
Recent moves, existing out-of-state orders, foreign-country issues or uncertainty about where the children’s case belongs are strong reasons to consult a licensed attorney.
Who Completes the Parenting Course?
For the publication-with-children process handled by Divorce in Florida Online, the filing spouse—the petitioner—completes the approved four-hour Parent Education and Family Stabilization Course.
Florida law generally requires parties to a dissolution involving minor children to complete the course before entry of the Final Judgment unless excused by the court for good cause. The missing spouse is not participating in the company’s qualifying publication process.
The petitioner must use an approved provider and provide the applicable proof of completion for filing.
Learn more about Florida’s parenting-course requirement.
How Long Does a Divorce With Children by Publication Take?
Publication divorces involving children commonly take approximately three to six months through the process currently handled by Divorce in Florida Online.
This is an estimate, not a guarantee. Timing can be affected by:
- Completion of the diligent search
- Preparation and filing of the sworn search documentation
- Clerk and court review
- Publication or posting requirements
- The response period
- Entry of default when applicable
- Parenting-course completion
- Final-hearing availability
- Requests for corrections or additional information
- The missing spouse appearing or responding
The search, notice period and judicial-review requirements cannot simply be skipped to shorten the case.
What Expenses Are Separate From Document Preparation?
Publication cases can involve expenses that are separate from the company’s document-preparation service, including:
- Court filing fees
- Card-processing charges when applicable
- Newspaper or publication-provider charges
- Parenting-course fees
- Remote notarization when applicable
- Certified copies or optional clerk services
- Attorney fees if legal advice or representation is obtained
Fees can change and should be confirmed before filing.
A petitioner who cannot afford the court filing fee may be able to apply for civil indigent status. Florida law also provides a posting procedure for qualifying indigent litigants in certain dissolution proceedings.
Learn about Florida’s court filing-fee waiver and civil-indigent-status application.
What If the Missing Spouse Appears or Responds?
A publication case can change if the missing spouse is located, appears or files a response.
Depending on when that happens, the case may require:
- A different method of service
- Additional documents
- A response to disputed issues
- Financial disclosure
- Mediation
- A different hearing procedure
- Attorney advice or representation
Divorce in Florida Online can review the factual information and identify whether the matter appears to remain within one of our established document-preparation workflows. We cannot determine legal strategy, advise how someone should respond or represent either spouse.
Can the Publication Document Process Be Handled Remotely?
Much of the document-preparation process can be completed remotely. Depending on the case, this may include:
- Providing information electronically
- Receiving prepared documents electronically
- Completing remote online notarization when appropriate
- Receiving electronic-filing support
- Communicating without visiting an office
Remote document preparation does not eliminate the final-hearing requirement. The petitioner must follow the court’s instructions concerning whether the hearing will occur remotely or in person.
When Should the Petitioner Speak With an Attorney?
Legal advice may be especially important when:
- The children recently moved into or out of Florida
- Another state or country has entered a parenting or support order
- Another case is already pending
- The petitioner is unsure whether Florida has jurisdiction
- Child support or other personal financial relief is requested
- The marriage involves real estate, retirement accounts, businesses or significant debts
- Alimony is requested
- The missing spouse may be concealing their location
- Domestic violence, coercion, abuse or child-safety concerns exist
- The petitioner needs advice about what relief to request
- The spouse appears or responds during the case
An attorney can provide legal advice, evaluate jurisdiction, recommend legal strategy and represent a party at the final hearing. Divorce in Florida Online does not perform those services.
How Divorce in Florida Online May Assist
Divorce in Florida Online is a non-attorney divorce-document-preparation service with more than 15 years of experience serving customers remotely throughout all 67 Florida counties.
What we can do
- Collect factual information supplied by the customer
- Prepare documents within our established service scope
- Assist with the diligent-search workflow used in qualifying cases
- Prepare documents using the customer’s truthful search information
- Coordinate remote notarization when applicable
- Provide electronic-filing support when appropriate
- Provide information about our established publication document-preparation process
What we cannot do
- Provide legal advice
- Represent the petitioner at the final hearing
- Determine whether a search is legally sufficient
- Guarantee that publication will be accepted
- Determine personal jurisdiction or UCCJEA jurisdiction
- Recommend what parenting or financial relief to request
- Predict what a default or Final Judgment will contain
- Advise how to proceed if the missing spouse responds
- Guarantee timing or any court outcome
Tell Us About Your Missing-Spouse Divorce With Children
If you genuinely cannot locate your spouse and minor children are involved, tell us about your situation. Include factual information about:
- Your spouse’s last known location
- When you last had contact
- Search efforts already completed
- Where the children currently live
- Recent moves
- Existing parenting or support orders
- The document-preparation assistance you are seeking
We will review whether the matter appears to fit our established publication document-preparation workflow. This review is not a legal determination that publication is authorized or that Florida has jurisdiction.
Questions? Call or text 800-474-1970.
Frequently Asked Questions
Can I get a Florida divorce by publication if we have children?
A Florida divorce involving children may sometimes proceed by publication when the spouse cannot be located after a legally sufficient diligent search. Child-related and financial relief may be limited, and a final hearing is ordinarily required in the process handled by Divorce in Florida Online.
Can I use publication if my spouse refuses to sign?
Publication is not used merely because a spouse refuses to sign or cooperate. If the spouse can be located for service, the case may instead need to proceed through formal service by summons.
What is a diligent search for a missing spouse?
A diligent search is the documented effort to locate the spouse before requesting constructive service. The required efforts depend on the facts, and the sworn search information must be complete and truthful.
Does completing a diligent-search checklist guarantee publication?
No. A checklist can help organize search efforts, but it does not guarantee that the clerk or judge will find the search legally sufficient or authorize the case to proceed through publication.
What happens if my spouse is found during the search?
Publication may no longer be the appropriate notice method. The spouse may need to be personally served, or a mutual-agreement process may become possible if both spouses cooperate and reach complete agreement.
What happens after the Notice of Action is published?
Proof of publication or posting must be filed, and the spouse receives the response period stated in the notice. If no response is filed, a default may be requested when applicable before the case proceeds toward a final hearing.
Is a default automatic if my spouse does not respond?
No. Expiration of the response period does not automatically enter a default. A clerk’s or judicial default must be requested and entered when applicable, and a default does not guarantee the requested relief.
Can child support be ordered against the missing spouse?
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against a spouse who has not been located, personally served or appeared. This does not mean support is permanently waived or can never be addressed later.
What happens to parenting and time-sharing when the other parent is missing?
The documents must reflect the missing parent’s actual absence. Any requested parenting or time-sharing provisions remain subject to UCCJEA jurisdiction, the court’s authority and judicial review under the child’s best interests.
Do I have to complete the parenting course?
In the company’s publication-with-children process, the petitioner completes the approved four-hour parenting course and provides proof of completion for filing.
Is a final hearing required?
Yes. A final hearing is ordinarily required for the divorce-with-children publication process handled by Divorce in Florida Online. The court determines whether the hearing will be remote or in person.
How long does a divorce with children by publication take?
These cases commonly take approximately three to six months through the company’s current process. The diligent search, publication, response period, default procedure, parenting course and final-hearing schedule can affect the timeline.
What if my spouse appears after publication begins?
The required service, documents and court procedure may change. What happens next depends on when the spouse appears, whether a response is filed and which issues remain disputed.
Can Divorce in Florida Online determine whether publication is legally appropriate?
No. We can identify whether the facts appear to fit our established document-preparation workflow, but we cannot determine legal sufficiency, jurisdiction, available relief or the legal strategy a petitioner should use.
Official Florida Resources
- Florida Statutes section 49.011 — Cases in which publication may be allowed
- Florida Statutes section 49.041 — Sworn statement and diligent search
- Florida Statutes section 49.10 — Notice, publication and proof
- Florida Statutes section 61.021 — Divorce residency
- Florida Statutes section 61.13 — Parenting, time-sharing and child support
- Florida Statutes section 61.21 — Parenting-course requirement
- Florida Statutes section 61.514 — Initial child-related jurisdiction
- Florida Supreme Court-approved family-law forms
Legal and Non-Attorney Disclaimer
Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. We do not provide legal advice, legal representation or guarantees concerning diligent search, constructive service, jurisdiction, default, parenting matters, child support, property, court procedures, timing or case outcomes.
The information on this page is general and may change. Publication requirements and available relief depend on the law, court procedures and facts of the case. Consult a licensed Florida attorney for advice about your legal rights, jurisdiction, requested relief or how to proceed if the missing spouse appears.
A Florida divorce involving children may sometimes proceed by publication when the other spouse cannot be located after a legally sufficient diligent search. Publication provides constructive notice, but it is not a substitute for personally serving a spouse who can be found.
A final hearing is ordinarily required in the publication-with-children process handled by Divorce in Florida Online. The relief available may also be limited when the missing spouse has not been personally served and has not appeared in the case.
Publication is not used merely because a spouse refuses to sign, ignores messages or does not want the divorce. If the spouse can be located for service, the case may instead need to proceed by summons.
This page specifically addresses missing-spouse publication cases involving minor children. For an explanation of all three possible pathways, begin with our general Florida divorce-with-children guide.
What Is a Divorce With Children by Publication?
A divorce by publication is a judicial divorce in which constructive service may be used because personal service on the other spouse cannot be completed under the circumstances permitted by Florida law.
A legal notice, commonly called a Notice of Action, is published or posted through the procedure applicable to the case. The notice gives the missing spouse an opportunity to respond before the case may proceed toward default and a final hearing.
Publication does not create a private or nonjudicial divorce. The case must still be filed with a Florida Clerk of Court, reviewed by a judge and completed through a signed Final Judgment.
Florida law authorizes constructive service in dissolution-of-marriage proceedings under Florida Statutes section 49.011.
Does Your Situation Appear to Involve a Missing Spouse?
The following questions can help identify facts that may affect the document-preparation and publication process:
- Has at least one spouse resided in Florida for the six months immediately before filing?
- Is the other spouse’s current location genuinely unknown?
- Have meaningful efforts already been made to locate the spouse?
- Can the search efforts be documented truthfully?
- Are minor children involved?
- Where do the children currently live?
- Have the children recently moved into or out of Florida?
- Does another state or country have an existing parenting or support order?
- Is another parenting, support or divorce case already pending?
- Is the petitioner asking the court to address child support, property, debts or alimony?
- Are there safety, domestic-violence or child-abuse concerns?
This checklist identifies relevant facts. It does not determine whether publication is legally authorized, whether Florida has jurisdiction or what relief the court may grant.
Publication, Summons or Mutual Agreement?
The location and participation of the other spouse help distinguish the available document-preparation pathways.
| Situation | Possible pathway | Resource |
|---|---|---|
| The spouse can be located, agrees on all necessary issues and will complete the required steps. | Mutual-agreement divorce | Mutual-agreement divorce with children |
| The spouse can be located but will not sign or cooperate before filing. | Formal service by summons | Divorce with children by summons |
| The spouse cannot be located after meaningful and documented search efforts. | Publication may be considered | Continue with this guide |
A publication case should not be described as “uncontested” merely because the missing spouse does not respond. The spouse has not participated in or signed a mutual agreement.
Is Publication Used Only When a Spouse’s Address Is Unknown?
The publication-with-children process described on this page is designed for cases in which the spouse’s whereabouts remain unknown after diligent search.
Florida law contains additional constructive-service provisions that may apply in other circumstances. For example, Florida Statutes section 49.041 addresses sworn statements involving an unknown residence and certain circumstances involving an out-of-state residence, extended absence or concealment.
Divorce in Florida Online cannot determine whether a particular situation legally qualifies for constructive service. This page and our established publication workflow focus on customers who genuinely cannot locate their spouses.
What Is a Diligent Search?
A diligent search is the documented effort to locate the other spouse before relying on publication to provide notice of the divorce.
The purpose is to demonstrate that publication is not being used merely because personal service is inconvenient or because the spouse is expected to be uncooperative.
The search may involve different records, addresses, contacts and information sources depending on the facts. There is no single casual internet search that automatically establishes legal sufficiency.
The sworn statement used for constructive service must truthfully describe the search and provide the spouse’s name and residence as particularly as they are known. Florida’s statutory sworn-statement requirements appear in section 49.041.
Completing a search checklist does not guarantee that publication will be authorized. The customer must provide complete and truthful information. Divorce in Florida Online may assist with the established search and document-preparation workflow used in the cases we handle, but we cannot decide that a search is legally sufficient or guarantee that the clerk or judge will accept it.
What If the Missing Spouse Is Found?
If the search locates the spouse, publication may no longer be the appropriate way to provide notice.
The case may need to proceed through personal service or another legally sufficient method. If the spouse becomes cooperative and both spouses reach complete agreement, a mutual-agreement process may become possible.
Finding the spouse does not prevent the divorce from moving forward. It changes the facts that determine the applicable notice and document-preparation procedure.
How Does a Divorce With Children by Publication Proceed?
Although the exact requirements depend on the case and court procedure, the publication-with-children process generally involves several distinct stages.
1. Provide the case information
The petitioner provides factual information about the marriage, children, missing spouse, last known location, search efforts, prior court orders, property and other applicable issues.
2. Prepare the initial divorce documents
The applicable documents are prepared based on the information supplied by the petitioner. Divorce in Florida Online cannot decide what relief the petitioner should request or determine whether Florida has jurisdiction.
3. Complete and document the diligent search
Search efforts are completed and truthfully documented for the constructive-service request.
4. File the case and search documentation
The petition and applicable constructive-service documents are submitted to the Clerk of Court. Filing does not guarantee that publication will be accepted or that the requested relief will be granted.
5. Obtain and publish the Notice of Action
When constructive service may proceed, the applicable Notice of Action is published or posted according to the legally authorized procedure.
Florida law generally provides for publication once each week for four consecutive weeks in dissolution proceedings. A statutory posting procedure may apply to qualifying indigent litigants. Court instructions and the actual notice control the applicable deadlines and procedure. See Florida Statutes section 49.10.
6. File proof of publication or posting
Proof showing that the notice was published or posted as required must be submitted to the court.
7. Allow the response period to expire
The missing spouse must receive the full response period stated in the Notice of Action. The petitioner should not assume that the case can proceed before that deadline expires.
8. Request a default when appropriate
If the missing spouse does not respond, the petitioner may request a clerk’s or judicial default when applicable. A default is not entered automatically merely because the response deadline passes.
9. Complete the parenting-course requirement
In the publication-with-children process handled by Divorce in Florida Online, the petitioner completes the required four-hour parenting course and provides proof of completion.
10. Attend the final hearing
A final hearing is ordinarily required for the publication-with-children process we handle. The petitioner must follow the court’s instructions concerning whether the hearing is remote or in person and what documents or testimony are required.
11. Judicial decision and Final Judgment
The judge reviews the case and decides whether the marriage can be dissolved and what other relief may legally be granted. The divorce is not final unless and until the judge signs and enters the Final Judgment.
What Can the Court Address After Constructive Service?
Ending the marriage and entering orders against a missing spouse are not necessarily the same thing.
Constructive service may allow the court to determine marital status, but it does not necessarily establish personal jurisdiction over the missing spouse. Without personal jurisdiction, the court’s authority to enter personal financial orders may be limited.
| Issue | General consideration |
|---|---|
| Ending the marriage | Constructive service may permit the court to dissolve the marriage when the applicable requirements are satisfied. |
| Child support | In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment. |
| Parenting and time-sharing | Available child-related relief depends on UCCJEA jurisdiction, notice, prior orders, the child’s circumstances and the court’s authority. |
| Property and debts | The court’s authority may depend on personal jurisdiction, the location of property and other case-specific facts. |
| Alimony or other personal financial relief | Personal financial orders may be limited when the missing spouse has not been personally served and has not appeared. |
This table provides general information. It does not determine what relief is available in a particular case. A licensed Florida attorney should be consulted when the petitioner needs advice about jurisdiction, financial relief, parenting authority or legal strategy.
What Happens With Child Support?
When the other parent has not been located, personally served or appeared, child support is not handled in the same way as it would be in a mutual-agreement or ordinary summons case.
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against the missing spouse as part of the Final Judgment.
This company-process limitation does not mean child support is permanently waived or that it can never be addressed if the missing parent is later located. The procedure available at that time will depend on the circumstances, existing orders and jurisdiction.
Divorce in Florida Online cannot advise someone what later support or enforcement proceeding to pursue. Questions about future child support may require information from the appropriate agency or advice from a licensed attorney.
Read general information about Florida child support in divorce.
How Are Parenting and Time-Sharing Addressed When a Parent Is Missing?
A publication case differs from a mutual-agreement divorce because the missing parent is not participating in an agreed parenting arrangement.
The documents must reflect the actual circumstances, including the other parent’s unknown location. Any requested parenting or time-sharing provisions remain subject to the court’s jurisdiction, authority and review under the child’s best interests.
The missing parent’s absence does not automatically guarantee:
- Sole parental responsibility
- A particular time-sharing schedule
- Authority to relocate
- Termination of the missing parent’s rights
- Any other requested parenting outcome
Divorce in Florida Online cannot recommend what parenting relief to request or predict what the court will order.
Read general information about Florida parenting-plan requirements.
Florida Divorce Residency and Child Jurisdiction Are Different
Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed.
That divorce-residency requirement does not automatically determine whether a Florida court has jurisdiction to enter initial parenting or time-sharing orders.
Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA, may require consideration of:
- The child’s home state
- Where the child lived during the previous six months
- Recent interstate moves
- Existing parenting or custody orders
- Pending proceedings in another state
- Whether another state declined jurisdiction
- Significant connections and available evidence
- Emergency circumstances
Florida’s initial child-related jurisdiction provisions appear in Florida Statutes section 61.514.
Recent moves, existing out-of-state orders, foreign-country issues or uncertainty about where the children’s case belongs are strong reasons to consult a licensed attorney.
Who Completes the Parenting Course?
For the publication-with-children process handled by Divorce in Florida Online, the filing spouse—the petitioner—completes the approved four-hour Parent Education and Family Stabilization Course.
Florida law generally requires parties to a dissolution involving minor children to complete the course before entry of the Final Judgment unless excused by the court for good cause. The missing spouse is not participating in the company’s qualifying publication process.
The petitioner must use an approved provider and provide the applicable proof of completion for filing.
Learn more about Florida’s parenting-course requirement.
How Long Does a Divorce With Children by Publication Take?
Publication divorces involving children commonly take approximately three to six months through the process currently handled by Divorce in Florida Online.
This is an estimate, not a guarantee. Timing can be affected by:
- Completion of the diligent search
- Preparation and filing of the sworn search documentation
- Clerk and court review
- Publication or posting requirements
- The response period
- Entry of default when applicable
- Parenting-course completion
- Final-hearing availability
- Requests for corrections or additional information
- The missing spouse appearing or responding
The search, notice period and judicial-review requirements cannot simply be skipped to shorten the case.
What Expenses Are Separate From Document Preparation?
Publication cases can involve expenses that are separate from the company’s document-preparation service, including:
- Court filing fees
- Card-processing charges when applicable
- Newspaper or publication-provider charges
- Parenting-course fees
- Remote notarization when applicable
- Certified copies or optional clerk services
- Attorney fees if legal advice or representation is obtained
Fees can change and should be confirmed before filing.
A petitioner who cannot afford the court filing fee may be able to apply for civil indigent status. Florida law also provides a posting procedure for qualifying indigent litigants in certain dissolution proceedings.
Learn about Florida’s court filing-fee waiver and civil-indigent-status application.
What If the Missing Spouse Appears or Responds?
A publication case can change if the missing spouse is located, appears or files a response.
Depending on when that happens, the case may require:
- A different method of service
- Additional documents
- A response to disputed issues
- Financial disclosure
- Mediation
- A different hearing procedure
- Attorney advice or representation
Divorce in Florida Online can review the factual information and identify whether the matter appears to remain within one of our established document-preparation workflows. We cannot determine legal strategy, advise how someone should respond or represent either spouse.
Can the Publication Document Process Be Handled Remotely?
Much of the document-preparation process can be completed remotely. Depending on the case, this may include:
- Providing information electronically
- Receiving prepared documents electronically
- Completing remote online notarization when appropriate
- Receiving electronic-filing support
- Communicating without visiting an office
Remote document preparation does not eliminate the final-hearing requirement. The petitioner must follow the court’s instructions concerning whether the hearing will occur remotely or in person.
When Should the Petitioner Speak With an Attorney?
Legal advice may be especially important when:
- The children recently moved into or out of Florida
- Another state or country has entered a parenting or support order
- Another case is already pending
- The petitioner is unsure whether Florida has jurisdiction
- Child support or other personal financial relief is requested
- The marriage involves real estate, retirement accounts, businesses or significant debts
- Alimony is requested
- The missing spouse may be concealing their location
- Domestic violence, coercion, abuse or child-safety concerns exist
- The petitioner needs advice about what relief to request
- The spouse appears or responds during the case
An attorney can provide legal advice, evaluate jurisdiction, recommend legal strategy and represent a party at the final hearing. Divorce in Florida Online does not perform those services.
How Divorce in Florida Online May Assist
Divorce in Florida Online is a non-attorney divorce-document-preparation service with more than 15 years of experience serving customers remotely throughout all 67 Florida counties.
What we can do
- Collect factual information supplied by the customer
- Prepare documents within our established service scope
- Assist with the diligent-search workflow used in qualifying cases
- Prepare documents using the customer’s truthful search information
- Coordinate remote notarization when applicable
- Provide electronic-filing support when appropriate
- Provide information about our established publication document-preparation process
What we cannot do
- Provide legal advice
- Represent the petitioner at the final hearing
- Determine whether a search is legally sufficient
- Guarantee that publication will be accepted
- Determine personal jurisdiction or UCCJEA jurisdiction
- Recommend what parenting or financial relief to request
- Predict what a default or Final Judgment will contain
- Advise how to proceed if the missing spouse responds
- Guarantee timing or any court outcome
Tell Us About Your Missing-Spouse Divorce With Children
If you genuinely cannot locate your spouse and minor children are involved, tell us about your situation. Include factual information about:
- Your spouse’s last known location
- When you last had contact
- Search efforts already completed
- Where the children currently live
- Recent moves
- Existing parenting or support orders
- The document-preparation assistance you are seeking
We will review whether the matter appears to fit our established publication document-preparation workflow. This review is not a legal determination that publication is authorized or that Florida has jurisdiction.
Questions? Call or text 800-474-1970.
Frequently Asked Questions
Can I get a Florida divorce by publication if we have children?
A Florida divorce involving children may sometimes proceed by publication when the spouse cannot be located after a legally sufficient diligent search. Child-related and financial relief may be limited, and a final hearing is ordinarily required in the process handled by Divorce in Florida Online.
Can I use publication if my spouse refuses to sign?
Publication is not used merely because a spouse refuses to sign or cooperate. If the spouse can be located for service, the case may instead need to proceed through formal service by summons.
What is a diligent search for a missing spouse?
A diligent search is the documented effort to locate the spouse before requesting constructive service. The required efforts depend on the facts, and the sworn search information must be complete and truthful.
Does completing a diligent-search checklist guarantee publication?
No. A checklist can help organize search efforts, but it does not guarantee that the clerk or judge will find the search legally sufficient or authorize the case to proceed through publication.
What happens if my spouse is found during the search?
Publication may no longer be the appropriate notice method. The spouse may need to be personally served, or a mutual-agreement process may become possible if both spouses cooperate and reach complete agreement.
What happens after the Notice of Action is published?
Proof of publication or posting must be filed, and the spouse receives the response period stated in the notice. If no response is filed, a default may be requested when applicable before the case proceeds toward a final hearing.
Is a default automatic if my spouse does not respond?
No. Expiration of the response period does not automatically enter a default. A clerk’s or judicial default must be requested and entered when applicable, and a default does not guarantee the requested relief.
Can child support be ordered against the missing spouse?
In the publication-with-children process currently handled by Divorce in Florida Online, child support is not ordered against a spouse who has not been located, personally served or appeared. This does not mean support is permanently waived or can never be addressed later.
What happens to parenting and time-sharing when the other parent is missing?
The documents must reflect the missing parent’s actual absence. Any requested parenting or time-sharing provisions remain subject to UCCJEA jurisdiction, the court’s authority and judicial review under the child’s best interests.
Do I have to complete the parenting course?
In the company’s publication-with-children process, the petitioner completes the approved four-hour parenting course and provides proof of completion for filing.
Is a final hearing required?
Yes. A final hearing is ordinarily required for the divorce-with-children publication process handled by Divorce in Florida Online. The court determines whether the hearing will be remote or in person.
How long does a divorce with children by publication take?
These cases commonly take approximately three to six months through the company’s current process. The diligent search, publication, response period, default procedure, parenting course and final-hearing schedule can affect the timeline.
What if my spouse appears after publication begins?
The required service, documents and court procedure may change. What happens next depends on when the spouse appears, whether a response is filed and which issues remain disputed.
Can Divorce in Florida Online determine whether publication is legally appropriate?
No. We can identify whether the facts appear to fit our established document-preparation workflow, but we cannot determine legal sufficiency, jurisdiction, available relief or the legal strategy a petitioner should use.
Official Florida Resources
- Florida Statutes section 49.011 — Cases in which publication may be allowed
- Florida Statutes section 49.041 — Sworn statement and diligent search
- Florida Statutes section 49.10 — Notice, publication and proof
- Florida Statutes section 61.021 — Divorce residency
- Florida Statutes section 61.13 — Parenting, time-sharing and child support
- Florida Statutes section 61.21 — Parenting-course requirement
- Florida Statutes section 61.514 — Initial child-related jurisdiction
- Florida Supreme Court-approved family-law forms
Legal and Non-Attorney Disclaimer
Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. We do not provide legal advice, legal representation or guarantees concerning diligent search, constructive service, jurisdiction, default, parenting matters, child support, property, court procedures, timing or case outcomes.
The information on this page is general and may change. Publication requirements and available relief depend on the law, court procedures and facts of the case. Consult a licensed Florida attorney for advice about your legal rights, jurisdiction, requested relief or how to proceed if the missing spouse appears.