In Florida, a divorce by publication is a method of serving divorce papers when the whereabouts of one spouse is unknown. This typically occurs when one spouse has made a good faith effort to locate their spouse but has been unsuccessful.
To initiate a divorce by publication in Florida, the filing spouse must first attempt to locate their spouse using reasonable diligence. This can include searching public records, contacting friends and family, and using social media. If these efforts are unsuccessful, the filing spouse can request permission from the court to serve their spouse by publication in a local newspaper.
Once the court grants permission for service by publication, the filing spouse must publish a notice in a designated newspaper for a specific period of time, usually once a week for four consecutive weeks. After the publication period has ended, the filing spouse must file an affidavit with the court confirming that the notice was published as required.
If the non-filing spouse fails to respond to the publication, the filing spouse can proceed with the divorce process. Keep in mind that divorce by publication can be a complex and time-consuming process, so it’s important to consult with an experienced family law attorney to ensure that your rights are protected throughout the process.