Legal Question in Family Law in Florida

Abondenment Divorce

My wife kicked me out of the house, when I was unemployed. I had to move out of state and live with a friend. She knows my phone number and address and says she'll file for a divorce. When I said I would contest it, she said she doesn't need my signature as she will file for an abondenment divorce. Can she do that? I have proof that she knows where I am and have been communicating with me.


Asked on 9/30/07, 11:21 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Abandonment and 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.

Abandonment is not a claim in a divorce as Florida is a No Fault state. It does not matter if one party has left the marital residence. All the petitioner has to say is that the marriage is irretrieveably broken and a divorce will be granted. Your wife does not need to have your signature to obtain the divorce. She is required to serve you with a copy of the petition but can claim that she does not know your address and then publish in the legal newspaper if she chooses to be dishonest.

Scott R. Jay, Esq.

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Answered on 9/30/07, 1:39 pm


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