When you don’t know where your spouse lives
Many of our clients have been separated for a while and have lost track of their exes whereabouts.
This is where the missing spouse or divorce by publication process comes in handy.
This divorce can be a simple process however it takes a bit longer than a divorce in mutual agreement. In order to get a divorce final judgement using this method there are different steps to be taken in a particular order.
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- You must do a good faith effort to find your ex. One of the forms required is called “Affidavit of Search” and it functions as proof that you have attempted to look for your ex. Places such as the post office, motor vehicle records, military agencies, jail, driver’s license bureau etc.
- The divorce paperwork includes many forms. The affidavit mentioned above, an affidavit of military service, notice of action for the newspapers and defaults to be filed when the publication expires are some of them.
- Once the paperwork is filed the court will order the publication to a local newspaper. The publication will run for 30 consecutive days. The newspaper will send the proof to the court and the defaults are filed.
- When the defaults are filed you will either attend a hearing or if you work with us you will receive the final judgement in the mail.
- A simple divorce by publication takes approximately 2 months to completion with working with Divorce in Florida Online.
- A divorce with children by publication can take approximately 2 – 4 months, depending on the county since a hearing is required for this type of divorce.
What is a Missing Spouse Divorce?
In summary, a missing spouse divorce should always be the last option when you are filing for divorce. Filing for a simple divorce by publication can be achieved without attending a court hearing while a divorce with children will require a hearing.
How much does a Missing Spouse Divorce cost?
The court filing fee remains the same ($408 in most Florida counties)
The publication fee is additional.
The courts do have a program for low income people called the Application for Indigent Status. If approved the court filing fee AND the publication fees are waived.
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Disclaimer
We are not attorneys and do not provide legal advice. For legal advice please contact a divorce attorney.