Legal Question in Family Law in Florida
Obtaining a legal divorce
I have a friend who has been separated from her husband since 1984. They never got a legal divorce, he took off and she hasn't seen him since, nor has her 3 children. She has talked to him on the phone and he told her that he didn't want to pay for a divorce and she doesn't have the funds to do so. Being that they have not even seen each other in 21 years, is their marriage still valid? She wants to get married again but she's not sure if she can legally. Does a marriage ''dissolve'' itself after such a long period of separation, or does she need to have the marriage legally terminated somehow, and if so, what can she do? He was living in Florida the last she knew, but that was at least 8 years ago. She doesn't even know for sure where he is or if he is even still alive. He has made no attempt to see her or her 3 children since he fled in 1984. What can she do?
1 Answer from Attorneys
Re: Obtaining a legal 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 marriage is only dissolved by a court order. No matter how long the parties have been separated, they are still legally married.
Your friend does need to terminate the marriage legally if she wishes to remarry or she will be guilty of bigamy which is still a crime in Florida. She can publish her Notice in the newspaper if she does not know where her husband lives although it is usually cheaper to serve him by a process server if she does.
Scott R. Jay, Esq., 305-249-8000
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