How to File for Divorce in Florida Without a Spouse
Divorce is often a challenging and emotional process, and it can become even more challenging if one spouse isn't present or unwilling to participate. However, Florida law provides specific procedures for filing for divorce even when your spouse is absent. Whether they're uncooperative, missing, or simply refuse to respond, you still have options to move forward. This guide will walk you through the steps of family law to file for divorce in Florida without your spouse.
Understanding the Basics of Florida Divorce Law
Before diving into the specifics of filing for divorce without your spouse, it's essential to understand some basic aspects of Florida divorce law:
No-Fault Divorce State: Florida is a no-fault divorce state, meaning you don't need to prove any wrongdoing by your spouse to file for divorce. The only requirement is that the marriage is "irretrievably broken."
Residency Requirement: At least one spouse must have lived in Florida for six months before filing for divorce.
Types of Divorce: Florida recognizes two types of divorce—simplified and regular. In the case of an absent spouse, you'll be filing a regular divorce.
Step-by-Step Guide to Filing for Divorce Without Your Spouse
1. Determine Jurisdiction
Make sure that Florida has jurisdiction over your divorce case. One of the spouses must have resided in Florida for at least six months before filing. You'll need to provide proof of residency, such as a Florida driver's license, voter registration card, or utility bills.
2. Prepare the Necessary Forms
You'll need to fill out several forms to initiate the divorce process. These forms can be obtained from the Florida Courts website or your local courthouse. The primary forms include:
Petition for Dissolution of Marriage (Form 12.901(b)(1)): This form initiates the divorce process and outlines the relief you're seeking (for example: division of assets, child custody, etc.).
Family Law Financial Affidavit (Form 12.902(b) or 12.902(c)): This form provides financial information that will be used to determine issues like alimony and division of assets.
Notice of Action for Dissolution of Marriage (Form 12.913(a)): This form is used when you can't locate your spouse.
3. File the Petition
Once you have completed the necessary forms, you'll need to file them with the clerk of the circuit court in the county where you reside. There will be a filing fee, which varies by county. If you can't afford the fee, you can request a fee waiver by filing an Application for Determination of Civil Indigent Status.
4. Serve Your Spouse
Florida family law requires that your spouse be notified of the divorce proceedings. If your spouse's whereabouts are unknown, you'll need to make diligent efforts to locate them. This can include checking with the post office, their last known employer, or relatives and friends. If you still can't find your spouse, you can serve them by publication.
5. Service by Publication
To serve by publication, you must:
File an Affidavit of Diligent Search and Inquiry (Form 12.913(b)) to demonstrate your efforts to locate your spouse.
Publish a Notice of Action for Dissolution of Marriage in a local newspaper in the county where you filed for divorce. The notice must run once a week for four consecutive weeks.
The newspaper will provide you with an Affidavit of Publication after the notice has been published for the required time. You must file this affidavit with the court to prove that you have met the publication requirement. Consult with your family law attorney to make sure that your affidavit is filed correctly.
6. Waiting Period
Florida family law requires a mandatory waiting period of 20 days from the date your spouse was served or the date of the first publication of the notice. This waiting period allows your spouse to respond to the petition.
7. Default Judgment
If your spouse doesn't respond within the 20-day waiting period, you can request a default judgment. To do this, you must file a Motion for Default (Form 12.922(a)) and a proposed Default (Form 12.922(b)). The court will schedule a hearing to finalize the divorce.
8. Finalizing the Divorce
Once a default has been entered, the court will schedule a final hearing. At the hearing, you'll present your case to the judge, who'll review the evidence and issue a Final Judgment of Dissolution of Marriage. This judgment will address issues such as property division, child custody, and alimony.
Special Considerations
Child Custody and Support
If you have minor children, the court will also need to address custody and support issues. Florida courts prioritize the best interests of the child when making these determinations. You'll need to submit a Parenting Plan and a Child Support Guidelines Worksheet. The court may also require you to attend a parenting course.
Division of Assets and Debts
Florida follows the principle of equitable distribution, meaning that marital assets and debts will be divided fairly, though not necessarily equally. The court will consider factors such as the length of the marriage, each spouse's economic circumstances, and contributions to the marriage when dividing assets and debts.
Alimony
Alimony, or spousal support, may be awarded based on one spouse's need and the other spouse's ability to pay. Factors considered include the standard of living during the marriage, the duration of the marriage, and each spouse's financial resources and earning capacity.
Practical Tips
Keep Records: Document all efforts to locate your spouse, including dates, names, and methods used.
Legal Assistance: Consider consulting with a family law attorney, especially if your case involves challenging issues such as significant assets or child custody disputes. An attorney can provide valuable guidance and make sure that your rights are protected.
Stay Informed: Familiarize yourself with Florida divorce laws and procedures. Resources such as the Florida Courts website and local legal aid organizations can provide helpful information and support.
Call Coyne Law for More Information
Filing for divorce in Florida without your spouse's participation is undoubtedly challenging, but it's possible with the right approach and thorough preparation. By following the steps outlined in this guide, you can manage the legal process and achieve a resolution that allows you to move forward with your life. Remember to seek professional advice when needed and stay focused on your goals for a fair and equitable outcome.
Divorce is a significant life event, and handling it alone can be intimidating. However, understanding the legal requirements and procedures can empower you to take control of the situation and work towards a new beginning. Whether your spouse is uncooperative, missing, or unreachable, Florida family law provides a clear path to dissolve your marriage and start a new chapter in your life.
Ultimately, the journey to divorce without your spouse's participation requires diligence, patience, and a thorough understanding of the legal process. By staying organized, keeping detailed records, and utilizing available resources, you can successfully manage the difficulties of divorce and begin to rebuild your life with a renewed sense of hope and independence. Reach out to Coyne Law today for the help you need in Sarasota County including Bee Ridge, Fruitville, Nokomis, Venice, Manasota, and North Port, as well as Manatee County including Bradenton, Palmetto, Lakewood Ranch, Myakka City, and Duette.