Legal Question in Family Law in Florida
In the state of Florida if one party is seeking a divorce, the other party has been living in another state over two years, there are no assets, children etc. no property to divide, can the party of the first part obtain a divorce without a signature or agreement from the out of state spouse?
3 Answers from Attorneys
The other party must be served with the divorce papers. Once they are served, they will have 20 days to file a written response with the Court. If they fail to do so, a Default can be entered against them and the case can proceed without them.
Yes, but the filing party must attempt to serve the other party with divorce papers. If the second party can't be served (and the first party can prove they really tried and followed a special procedure and special steps), the first party may be able to publish a notice of the divorce in a Florida newspaper and get the divorce by default.
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