Divorce With Property by Publication in Florida
A Florida divorce by publication may end your marriage when your spouse cannot be located, but it does not automatically give the court authority to divide every asset or debt. The relief available can depend on the location and description of the property, the type of financial order requested, the method of service and whether the court has jurisdiction over your spouse.
If property or financial relief is important to your case, consider speaking with a licensed Florida attorney before proceeding. Constructive service is a legally complex process with significant jurisdictional limits.
Can You Divorce a Missing Spouse When Property Is Involved?
Potentially, yes. Florida permits constructive service—commonly called divorce by publication—when a spouse cannot be located after a diligent search and the applicable legal requirements are satisfied.
Constructive service may allow the court to dissolve the marriage. However, ending the marriage and obtaining binding orders about property, debts, alimony, costs or other financial obligations are different issues.
For an overview of the general publication procedure, visit our Florida divorce-by-publication guide.
Can a Florida Court Divide Property After Service by Publication?
Possibly, but not automatically. A Florida court may be able to address specifically described real or personal property located within its jurisdiction. Publication alone does not necessarily establish personal jurisdiction over the missing spouse or give the court authority to grant every requested financial remedy.
The official instructions for Florida Supreme Court Approved Family Law Form 12.913(a)(1) explain that constructive service permits only limited relief. They also state that when a petitioner asks the court to decide how Florida real or personal property should be divided, the Notice of Action must include a specific description of that property.
Review the official instructions for Form 12.913(a)(1).
Property located in Florida
Florida real estate or personal property located within the state may potentially fall within the court’s jurisdiction when it is properly identified and the applicable legal requirements are met. Whether the court can grant the requested relief depends on the facts and jurisdiction of the case.
A nonlawyer document preparer cannot determine whether a particular asset is within the court’s jurisdiction or whether the requested property description is legally sufficient.
Property located outside Florida
Real estate, accounts, vehicles or other property located outside Florida can present additional jurisdictional and enforcement issues. Constructive service in a Florida divorce does not automatically give a Florida court authority over property located in another state or country.
Attorney review is strongly recommended when property outside Florida is involved.
Debts and personal payment obligations
Requests that require the missing spouse to pay a debt, alimony, costs or another monetary obligation may require personal jurisdiction over that spouse. Including a request in the divorce petition does not guarantee that the court has authority to grant or enforce it.
Questions involving mortgages, joint loans, credit cards, substantial debts or requested payments from the missing spouse should be reviewed by a licensed Florida attorney.
What Property or Financial Issues Might Be Involved?
A divorce involving property or liabilities may include:
- Florida homes or other real estate
- Vehicles, boats or other titled property
- Bank and investment accounts
- Retirement accounts or pensions
- Businesses or ownership interests
- Furniture and other personal property
- Mortgages, loans and credit-card balances
- Other claimed assets or financial obligations
Not every item can necessarily be addressed through constructive service. Divorce in Florida Online does not determine whether property is marital or nonmarital, establish ownership or value, decide what division is appropriate or determine whether a Florida court has jurisdiction over a particular asset or debt.
For a general explanation of property and liabilities in a Florida divorce, visit our Florida divorce with property and no minor children guide.
What Is Constructive Service?
Constructive service is an alternative method of providing notice when personal service cannot be completed after a diligent search. It may involve publishing a Notice of Action in a qualified newspaper or using another procedure authorized by Florida law.
Constructive service is not appropriate merely because a spouse refuses to sign divorce papers. If you know where your spouse can be served but the spouse will not cooperate, review the Florida divorce-by-summons process.
What Is Required Before Publication?
The petitioner generally must complete and file an Affidavit of Diligent Search and Inquiry, Form 12.913(b). This affidavit documents the efforts made to locate the respondent.
The petitioner must provide complete and truthful information, disclose the spouse’s last known address and sign the affidavit under penalty of perjury. The search efforts required depend on the information available and the circumstances of the case.
Possible search sources identified in the official form include relatives, friends, former employers, postal information, utilities, law-enforcement records, motor-vehicle records, professional licenses and online sources. Checking one database or completing a standard list does not guarantee that the court will find the search sufficient.
Review the official Affidavit of Diligent Search and Inquiry.
How Often Is a Florida Publication Notice Published?
When newspaper publication is required, Florida law generally requires the Notice of Action to be published once during each week for four consecutive weeks. Four publications are generally sufficient under section 49.10, Florida Statutes.
The newspaper must meet the applicable legal requirements. The clerk, court procedures and the circumstances of the case can affect how publication or posting is handled.
Read section 49.10, Florida Statutes.
What Happens After Publication?
The Notice of Action provides a deadline for the respondent to file a response. If the respondent does not respond by that deadline, the petitioner may be able to request a default.
A default allows the case to continue, but it does not expand the court’s jurisdiction or guarantee that every requested form of property or financial relief will be granted.
A final hearing is generally required for this type of case. The court controls the hearing date, format, required evidence, necessary documents and the relief it has authority to grant. Additional documents or corrections may be required.
If the missing spouse responds or is located, the required service method and future procedure may change.
What Information Should You Gather?
Before requesting document-preparation assistance, gather the factual information you have about:
- Your spouse’s full legal name and last known address
- Previous addresses, employers and contact information
- Relatives or other people who may know your spouse’s location
- The searches and inquiries already completed
- The location and ownership information for each asset
- Legal descriptions for Florida real estate, when available
- Account, title, loan and debt information
- Any prior court orders involving either spouse or the property
- Any indication that your spouse is in the military, incarcerated or living outside Florida
You remain responsible for supplying complete and accurate facts. Divorce in Florida Online cannot select what information should be disclosed or determine whether a search, property description or requested form of relief is legally sufficient.
When Should You Consult a Florida Attorney?
Because constructive service provides limited relief, consider consulting a licensed Florida attorney when the case involves:
- Florida real estate, deeds, mortgages, refinancing, liens or title transfers
- Property located outside Florida
- A request to make the missing spouse pay debts, alimony, costs or other money
- Business interests, trusts or difficult-to-value assets
- Pensions, retirement plans or a possible Qualified Domestic Relations Order
- Hidden, transferred or dissipated assets
- Inherited or premarital property
- Disputed ownership or classification
- Tax or bankruptcy consequences
- Substantial or disputed debts
- A spouse believed to be avoiding service
- A spouse who may be in military service
- Uncertainty about the court’s jurisdiction
- Questions about whether the diligent search is legally sufficient
- A need for individualized legal advice
A licensed attorney can evaluate the court’s jurisdiction and advise you about the rights, risks and relief available in your specific circumstances.
How Divorce in Florida Online Can Assist
Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. For more than 15 years, we have helped customers throughout all 67 Florida counties prepare divorce documents remotely.
Depending on the requested service and circumstances, we may assist with:
- Preparing divorce forms using facts supplied by the customer
- Helping organize information for certain diligent-search tasks
- Preparing the Affidavit of Diligent Search and Inquiry using customer-supplied information
- Preparing publication, default and final-hearing documents within our nonlawyer scope
- Electronic filing support
- Remote online notarization when appropriate for a document that requires notarization
- Clear procedural instructions and case-status communication
We cannot decide whether publication is legally appropriate, determine whether a search is sufficient, evaluate jurisdiction, decide how property should be divided or advise you what relief to request. Matters requiring those decisions should be reviewed by a licensed Florida attorney.
Frequently Asked Questions
Can a Florida court divide property when my spouse is served by publication?
Possibly, but not automatically. A Florida court may be able to address specifically described property located within its jurisdiction. Constructive service does not necessarily give the court personal jurisdiction over the missing spouse or authority to grant every requested property or financial remedy.
Can the court order my missing spouse to pay debts or alimony?
Constructive service generally does not establish personal jurisdiction needed to impose personal payment obligations. Requests involving alimony, costs, debt payments or other monetary relief should be reviewed by a licensed Florida attorney.
Can property outside Florida be divided through constructive service?
Not necessarily. Property located outside Florida can create additional jurisdictional and enforcement issues. A Florida publication notice does not automatically give the court authority over property in another state or country.
Does Florida property need to be described in the Notice of Action?
If the petitioner asks the court to decide how Florida real or personal property should be divided, the official instructions state that the Notice of Action must include a specific description of the property. An attorney should review questions about whether a description or requested remedy is legally sufficient.
What is a diligent search for a missing spouse?
A diligent search documents reasonable efforts to locate the respondent before constructive service is used. The petitioner must provide truthful information and sign the affidavit under penalty of perjury. The court determines whether the search and constructive-service requirements are sufficient.
How often must a Florida publication notice run?
When newspaper publication is required, Florida law generally requires publication once during each week for four consecutive weeks. The clerk, applicable law and local court procedures determine how the notice is handled in a particular case.
What happens if my spouse responds to the publication notice?
If the respondent files a response or is located, the case may no longer proceed as an uncontested default publication case. The required service method, documents and court procedure may change.
Will I need a final hearing?
A final hearing is generally required in this type of case. The court controls the date, format, evidence, required documents and scope of relief. A hearing does not guarantee that every requested property or financial remedy will be granted.
When should I consult a Florida divorce attorney?
Attorney review is strongly recommended when property or financial relief is important, jurisdiction is uncertain, real estate or property outside Florida is involved, the spouse may be avoiding service or you need advice about your legal rights.
Tell Us About Your Missing-Spouse Property Divorce
Share basic information about your spouse-search efforts, the property or debts involved and the documents you need. We will review whether the requested document-preparation assistance appears to fit our nonlawyer service scope. Complex jurisdictional or financial questions may require a Florida attorney.
Nonlawyer disclaimer: Divorce in Florida Online is not a law firm and does not provide legal advice or representation. We prepare documents using factual information and requested terms supplied by our customers. We cannot determine whether constructive service is appropriate, whether a diligent search is legally sufficient, whether a court has jurisdiction over a person or property, or what legal or financial relief you should request. Consult a licensed Florida attorney for advice about your rights, jurisdiction, property division, debts, alimony or other legal issues.