Divorcing a Missing Spouse in Florida

Yes, divorcing a missing spouse in Florida is possible. If you genuinely cannot locate your husband or wife after making serious efforts to find them, Florida law may allow the divorce to move forward through constructive service, commonly called service by publication.

This process exists so a spouse’s unknown location does not permanently prevent the other person from ending the marriage. However, publication is not simply an alternative to contacting or personally serving a spouse. Before it can be used, the petitioner generally must conduct and document a diligent search.

Can You Divorce a Spouse You Cannot Find in Florida?

Florida law permits constructive service in a dissolution of marriage when the legal requirements are met. Instead of personally delivering the divorce documents to the missing spouse, notice of the case is provided through a legally authorized publication or posting process.

The purpose of the notice is to give the missing spouse an opportunity to learn about the case and respond. If the spouse does not respond by the deadline stated in the Notice of Action, the petitioner may be able to request a default and continue toward a Final Judgment of Dissolution of Marriage.

Publication can help end the marriage, but it does not automatically give the court authority to decide every financial, property, support, or parenting issue. The relief available depends on the circumstances of the case and the court’s jurisdiction over the spouse, children, and property involved.

What Does “Missing Spouse” Actually Mean?

For this process, a missing spouse is generally someone whose current residence cannot be determined after serious and documented efforts to locate them.

A spouse is not necessarily legally “missing” simply because:

• They stopped answering telephone calls or messages
• They refuse to sign divorce papers
• You have not spoken to them recently
• They moved to another state
• They are incarcerated
• They live outside the United States
• A process server was unsuccessful on one occasion

If you know where your spouse can be found but they will not cooperate, the case will usually require divorce by summons and personal service rather than publication.

If you and your spouse reestablish contact and agree on the divorce terms, the case may instead be able to proceed through a mutual-agreement process.

What Should You Do Before Assuming Your Spouse Is Missing?

Before constructive service can be used, the petitioner generally must complete a diligent search and inquiry. The search should be based on the information available and should follow up on reasonable leads that could reveal the spouse’s location.

Florida Family Law Form 12.913(b), the Affidavit of Diligent Search and Inquiry, includes possible sources that may be checked. Depending on the situation, a search may involve:

• Relatives, friends, and other known contacts
• Last known employers
• Postal and motor-vehicle information
• Public records and property records
• Correctional and law-enforcement records
• Military records when applicable
• Professional or occupational licensing records
• Online search tools and social-media accounts

The affidavit requires the petitioner to provide the spouse’s last known address and document the searches performed. The court—not the document preparer—determines whether the search satisfies the applicable requirements.

For a more detailed explanation, read how to conduct and document a diligent search for a missing spouse.

You can also review the official Affidavit of Diligent Search and Inquiry provided by Florida Courts.

Common Situations Involving a Missing or Unavailable Spouse

Your spouse stopped responding

A spouse who ignores calls, emails, or messages is not necessarily missing. If you know their current address or where they can be served, the divorce may need to proceed by summons.

Your spouse may be incarcerated

County jail, Florida Department of Corrections, and federal inmate records may help determine whether a spouse is incarcerated. If the spouse is located in a jail or prison, service generally follows the requirements of that institution instead of publication.

Learn more about divorcing a spouse who is incarcerated.

Your spouse moved to another state

An out-of-state spouse is not missing if a usable address is known. Personal service may still be possible outside Florida, although jurisdiction over financial, property, and child-related matters can depend on the facts.

See our guide to divorcing a spouse who lives outside Florida.

Your spouse may be outside the United States

Living outside the United States does not automatically make a spouse missing. If their foreign address is known, international service requirements may apply. If you know only that the spouse left the country but cannot determine where they currently live, that information becomes part of the diligent-search process.

Your spouse has no stable address

A spouse may be homeless, transient, or staying temporarily with other people. The lack of a permanent residence does not eliminate the diligent-search requirement. Known shelters, relatives, employers, mailing addresses, and other possible contacts may still need to be investigated.

Your spouse may be avoiding service

Avoiding communication is different from having an unknown location. If you have a possible address or information about where your spouse can be found, those leads should be investigated. Questions about whether someone is legally concealing themselves or which type of service is proper may require advice from a Florida attorney.

Not Sure Which Situation Applies?

Tell us what is happening and what you know about your spouse’s current location. We will review the information, confirm whether the matter appears to fall within our document-preparation scope, and contact you if additional details are needed.

How the Process Works if Your Spouse Cannot Be Located

The exact procedure depends on the circumstances and the court handling the case, but divorcing a missing spouse in Florida generally involves four stages:

1. Attempt to locate the spouse

The petitioner follows reasonable leads and searches applicable sources for current-location information.

2. Document the diligent search

The search efforts and results are documented in the applicable Affidavit of Diligent Search and Inquiry.

3. Complete constructive service

If the requirements are satisfied, a Notice of Action is issued and notice is provided through the applicable publication or posting procedure. Under section 49.10 of the Florida Statutes, publication generally occurs once a week for four consecutive weeks. A different posting procedure may apply in certain qualifying indigent cases.

4. Proceed if the spouse does not respond

If the spouse does not respond by the deadline in the notice, the petitioner may request a default and continue toward a final hearing and Final Judgment. A default does not automatically finalize the divorce; the remaining court requirements must still be completed.

For the complete legal and procedural overview, read how divorce by publication works in Florida.

You can review the governing provisions in Chapter 49 of the Florida Statutes.

What Happens if You Find Your Spouse?

Finding your spouse does not prevent the divorce from continuing, but it may change the method used to provide notice.

If you obtain a valid address before publication begins, the spouse may be personally served with a summons. If your spouse is found after publication has started, additional steps may be required before the case continues.

If your spouse responds and agrees to cooperate, the case may be able to proceed by mutual agreement. If they respond but disagree with the divorce terms, the case can continue with both spouses participating and may involve financial disclosures, mediation, hearings, or other court procedures.

What if the Divorce Involves Children, Property or Support?

Constructive service may allow the court to dissolve the marriage, but it does not automatically give the court personal jurisdiction to impose financial obligations on a spouse who was not personally served.

Claims involving child support, alimony, debts, or certain property issues may require personal service, another basis for jurisdiction, or legal advice. Property located within Florida may also raise different questions from property located in another state or country.

Cases involving minor children can include additional questions about jurisdiction, parental responsibility, time-sharing, a parenting plan, and child support. The fact that the other parent cannot be located does not eliminate the need to address the children in the divorce paperwork.

• Learn about divorce with children when a spouse cannot be found.
• Read about parenting rights and divorce by publication.
• Review property issues in a divorce by publication.

Divorce in Florida Online prepares documents based on the information and decisions provided by the client. We do not provide legal advice or determine what relief a court has jurisdiction to award. When legal rights, contested issues, or jurisdiction are uncertain, consulting a licensed Florida attorney may be appropriate.

How Long Does a Missing-Spouse Divorce Take?

A divorce involving a missing spouse generally takes longer than a mutual-agreement divorce because the diligent search, constructive-service period, response deadline, default process, and final court procedures must be completed.

A simple publication case may take approximately 90 days, but the timeline depends on how quickly the search and publication are completed and on the court’s schedule. Cases involving children, property, support, or jurisdictional complications may take several months or longer. No completion date can be guaranteed.

Watch: What Happens When You Cannot Find Your Spouse?

In this video, Yamil Francisco explains how a Florida divorce may move forward when the other spouse cannot be located.

Frequently Asked Questions About Divorcing a Missing Spouse in Florida

Can I get divorced in Florida if I cannot find my spouse?

Yes. If you genuinely cannot determine your spouse’s current residence after a diligent search, Florida may allow the divorce to proceed through constructive service. The required search and notice procedures must be completed before the case can move forward without personal service.

What counts as a diligent search for a missing spouse?

A diligent search is a serious effort to locate the spouse using sources and leads that reasonably apply to the situation. The petitioner documents the places searched, information received, and follow-up efforts in the applicable affidavit. The court determines whether the search is sufficient.

What if I know where my spouse lives but they refuse to sign?

A spouse who refuses to sign is not necessarily a missing spouse. If a valid location is known, the case will generally proceed through personal service of a summons. The spouse does not have to voluntarily sign for the petitioner to start that process.

What if my spouse is deliberately avoiding service?

Avoiding calls or refusing to answer the door does not automatically establish that publication is appropriate. Possible addresses and other location information should be investigated. The proper service method depends on the facts, and legal advice may be needed when a spouse appears to be intentionally concealing their location.

How often is the Notice of Action published?

Under Florida Statute section 49.10, a Notice of Action is generally published once a week for four consecutive weeks. A posting procedure may apply in certain qualifying indigent cases. The applicable statutory and court procedures must be followed.

What happens if my spouse responds?

If the spouse responds, the divorce continues with the spouse participating. The next steps depend on whether the spouses agree and which issues remain unresolved. The case may involve additional filings, financial disclosures, mediation, or court hearings.

Can I receive child support or alimony through publication?

Constructive service does not automatically give the court personal jurisdiction to impose child support, alimony, or other financial obligations on the missing spouse. These issues can be legally complex and may require personal service, another jurisdictional basis, or advice from a licensed attorney.

Can property be divided if my spouse cannot be found?

The answer depends on the property, its location, the relief requested, and the court’s jurisdiction. A court’s authority over Florida property may differ from its authority to order a missing spouse to pay money, transfer assets, or assume debts. Legal advice may be appropriate when substantial property or financial rights are involved.

Will I need a final hearing?

A petitioner should generally be prepared for a final hearing in a divorce completed through publication. Whether the hearing takes place in person, by telephone, or by video depends on the court and the circumstances of the case.

You May Still Be Able to Move Forward

Not knowing where your spouse lives can make the divorce process feel uncertain, but it does not necessarily mean you must remain married indefinitely.

Divorce in Florida Online has prepared Florida divorce documents for more than 15 years and serves clients remotely throughout all 67 counties. If you cannot locate your spouse, tell us what you know. We will review your information, confirm whether the matter appears to fall within our document-preparation scope, and request any additional details we may need.

You can also call 1-800-474-1970.

Legal Disclaimer

The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We provide non-attorney legal document-preparation services and do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, consult a qualified, licensed attorney.