Legal Question in Family Law in Florida

Re: abandonment & Divorce

You can file for what is called divorce by publication. Its like a normal divorce proceeding except that you "serve" the other party by notice in the newspaper of record in your county.

Re: abandonment & Divorce

If the address is unknown, you can petition like for a normal divorce but serve the person by publication instead of directly. The petitioner can obtain a divorce unilaterally if there is no response from the other party. If there is a response, then it will be delt with according.

Re: abandonment & Divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A petition for dissolution must be filed as in any other case. Service is effected by publication in the local legal newspaper as chosen by the court.

You will also have to file additional pleadings to establish that you have tried to locate your partner. In your petition, you will need to set forth why you should be awarded the property or otherwise to have an attorney ad litem appointed to represent the missing partner in the sale. A judge will have to make a determination on the merits.

You will need an attorney to handle a matter like this. I strongly urge you to retain a competent attorney who is versed in marital law.

Scott R. Jay, Esq.