Legal Question in Family Law in Florida
A woman I am seeing was married for 2 months back in 2005. She realized it was a bad mistake and asked for a divorce. The man wouldn't give her one. She walked out on him and hasn't seen him since 2005. He knows where she works, but she is not sure where he lives now. Is it possible for her to get an annulment or divorce without his approval at this time? She is miserable and can't afford an attorney at this time since she is just a receptionist and doesn't make a lot of money. What course of action can she take? Thank you so much for a timely response.
Marc
1 Answer from Attorneys
1) Divorce doesn't require permission from your spouse.
2) Getting a divorce without a lawyer is almost always a bad idea, but it can be done. She can download the forms from flcourts.org, file them with the clerk's office, and make a serious attempt to find her husband to serve him with papers. If she truly can't find him, there are instructions in the download on how to serve by publication, but she can't just make a lame effort, she has to truly attempt to find him.
3) Annulment only happens when the marriage is illegal, like when you marry your brother or when you marry someone who isn't divorced yet.
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