Legal Question in Family Law in Florida
divorce
7 years ago,my wife suppose to file for divorce.i sent her half the payment,well she spent the money and never filed.5 months ago i found out ....and mailed her the divorce papers and havenot heard from her since...i found out she has moved again and have no address on her....can i file for divorce with out her and what can i do so i can legally be divorce
1 Answer from Attorneys
Re: 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 for your county as designated 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 all appropriate provisions regarding property and/or debts. If there any children, custody and child support must be covered. A judge will have to make a determination on the merits.
You should have 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.