Legal Question in Family Law in Florida
I want to file for Divorce and my spouces location is unknown to me
I was married in Florida and I have been seperated from my husband for almost two yrs.I now live in Virginia and i am ready to begin my life with someone else and I want to get a divorce. I have one child from this marriage but my husband seems to have no interest in being a part of this childs life. My son does not know who my husband is and calls the man I am with now ''Daddy''. I want to marry this man and get on with my life however I do not know the where abouts of my Husband.Is there any way of me going through this process on my own and if so or if not how do I do it???
1 Answer from Attorneys
Re: I want to file for Divorce and my spouces location is unknown to me
I'm not sure what you mean by going through this process "on your own", if you mean without an attorney I would say yes, although I don't necessarily advise it because simple cases can become very complicated and have lasting ramifications. Nevertheless, if you want to do it on your own here are few things you can do: 1) first see if you qualify for Legal Aid. If you are in No. VA then you can contact your county No. Va Legal Services and they will appoint an attorney for you if you qualify. 2) if you don't qualify for legal services but still want to do this on your own then go to the county clerk's office at the circuit court (don't go to the Juvenile and Domestic Relations Court because only a Circuit Court can grant you a divorce) and talk to the clerk. Tell the clerk that you want to file for a divorce, custody and support "pro se" (pronounced pro say....it means without an attorney). They will give you forms to complete. File the forms, have him served according to the instructions (in Florida) and then you will be granted a hearing. At that hearing the judge will likely be very helpful to you because they realize you are not an attorney and recognize that you simply want a divorce. Most judges will help you (but of course cannot give you legal advice). Now one thing to keep in mind....if your soon to be ex gets an attorney...GET ONE TOO!!!!
In the meantime, if you want more info on how to file yourself just give me a call and I'm happy to help you out in any way that I can. Call me at 703-598-9220. Good luck.