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Although the other party, your spouse is entitled to actual notice of the divorce proceeding, you can file for divorce in Florida without spouse, but you still need to make the attempt to find them and serve legal papers or notice.
How can you get divorced without the other person present?
First, many people hire investigators or process servers to find their spouses. ? The COurt where you file your divorce will expect that you put some effort into finding your spouse. What this means will vary by the court, but Florida provides a series of steps or ways you can try to locate your spouse. These steps are included in what’s called an Affidavit of Diligent Search and Inquiry, a free copy is available here. Examples from this form of steps you can take to find your spouse include:
- Checking last known employment
- Asking relatives
- Checking telephone listings
- many more on the form.
When you have tried many of the steps suggested on this affidavit, you can complete the affidavit and submit it to the court proving that you tried hard to find your spouse.
How long do you have to be separated in Florida to get a divorce?
Either you or your spouse must have resided in Florida for six months before filing for divorce.
To summarize the process:
Yes, you can file for divorce without your spouse. You must prove to the court where you file for divorce that you made reasonable efforts to locate him or her and serve the divorce papers.
Joseph “Joel” Lipinski is a divorce lawyer in Tampa Bay. For more information see his about page here or contact him at 727-643-8964 for a free 30-minute consultation.