Florida Dissolution of Marriage Missing Spouse

by Mariana from Miami, Florida, Miami-Dade County

Florida Dissolution of Marriage Missing Spouse: I've been trying to contact him for the last 6 months without any answer, by phone and e-mail. I'm not quite sure of his current address. Can I file a petition to get divorced? Plus we have a car loan under both names and of course he is not paying it.

Answer to Florida Divorce Question

Dear Mariana,

It is possible to divorce someone without knowing their whereabouts.

However, you first must make a search for him.

There is a family law form known as "Affidavit of Diligent Search and Inquiry" that lists places where you must search.

That form is available on the Florida Supreme Court's website, www.flcourts.org .

If you have an idea as to where you might find him, you may as well make every attempt to find him before filing for dissolution of marriage. The searches required for the diligent search and inquiry are things like: contacting his relatives, contacting his last known employer, writing to his last known address, and so on.

Many people locate their long lost spouse this way. An internet search is also required. I suggest searching through www.zabasearch.com and www.411.com . These sites are not always completely up to date, but sometimes provide the correct information.

If he has stayed in one place for the past six months, he may show up on an internet search. The information on these two sites seems to be current within a couple of months. Other places to search are listed on the affidavit as: the military, hospitals, prisons, death certificates, utility companies, etc.

If you absolutely cannot find him you may use constructive service to advertise your intent to divorce him. If you use constructive service the judge will be unlikely to award you any relief other than the divorce.

In other words, if you use constructive service, the judge may not make any sort of ruling regarding property and support. In your case, your vehicle is in your possession (apparently), but you both owe on the loan.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
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Fully Interactive & Complete Forms Packet for Divorce with No Children or Property. All forms are interactive and properly formatted in PDF and includes resources and filing procedures with easy to follow checklists, and much more.
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