Wednesday, June 27, 2007
The Disappearing Spouse
I have a great deal of people who call my office and state that they have been separated from their spouse for quite some time, and would like to get a divorce. Sometimes those people who have been separated for some time have no idea where their spouse is currently living. In those cases, the question becomes, can I get a divorce if I don't know where to find my spouse. The simple answer to that question is...Yes. After you conduct a diligent good faith search that is required by Florida law. There is a standard list of reasonable steps that you need to take in order to find your spouse, such as writing to the Department of Motor Vehicles and talking to family and friends who may know the whereabouts of your spouse. You also have to publish the matter in an appropriate newspaper for the appropriate period of time and then you will be able to get a divorce. However, the Court will not have the ability to order any division of property or alimony for example, until such time as your spouse is found and served with the papers. Therefore if you have no children, have no assets, and are not seeking alimony, after a good faith diligent search, you will be allowed to obtain a divorce.