Legal Question in Family Law in Florida
I need to get a divorce. I have been seperated from my wife for almost 2 years now. I live in Florida where the marriage took place. I do not know where she is, how can I file for a divorce? Does the one signature divorce still exist?
1 Answer from Attorneys
In the case of a party that cannot be located to be served, then service by publication (constructive service) must be established. To accomplish this, you must file a Notice of Dissolution of Marriage with the clerk of the circuit court in the county where your petition for dissolution of marriage was filed. Alongside this form you should also file an Affidavit of Diligent Search and Inquiry which states that you took certain steps to thoroughly search for your wife and followed all the leads that you discovered in your search. It is important to remember that if you use constructive service, the court may grant only limited relief because its jurisdiction is limited.