How can you get a divorce in Florida if you cannot find the other person and you are in South Carolina?

Question from Winter, How can you get a divorce in Florida if you cannot find the other person and you are in South Carolina?

Answer from AI:

If you are seeking a divorce in Florida but cannot locate your spouse and you currently reside in South Carolina, there are specific steps and legal requirements you need to follow. Here’s a general guide to help you understand the process:

Residency Requirements

To file for divorce in Florida, at least one spouse must have been a resident of the state for at least six months before filing. If you meet this requirement, you can proceed with filing in Florida.

Filing for Divorce

1. **Prepare the Petition**: You will need to file a Petition for Dissolution of Marriage with the appropriate Florida court. This document initiates the divorce process.
2. **File the Petition**: Submit the petition to the Clerk of the Circuit Court in the county where you or your spouse last lived together or where your spouse currently resides, if known.

Service of Process

Normally, the next step is to serve the divorce papers to your spouse. However, if you cannot locate your spouse, you will need to take additional steps:

Due Diligence Search

Before you can proceed with alternative service methods, you must demonstrate that you have made a diligent effort to locate your spouse. This may include:

• Contacting friends and family members
• Checking social media and online directories
• Hiring a private investigator

Constructive Service (Service by Publication)

If you still cannot find your spouse after a diligent search, you can request to serve them by publication. Here’s how:
1. **File an Affidavit of Diligent Search**: This document outlines the steps you took to try to locate your spouse.
2. **Motion for Service by Publication**: File a motion with the court requesting permission to serve your spouse by publication.
3. **Publish the Notice**: Once the court grants your motion, you will need to publish a notice of the divorce in a newspaper approved by the court. The notice must run for four consecutive weeks.

Finalizing the Divorce

After the notice period ends, you can proceed with the divorce:
1. **Default Judgment**: If your spouse does not respond within the required time frame, you can request a default judgment from the court.
2. **Final Hearing**: The court will schedule a final hearing where you can present your case. If the judge is satisfied with your efforts to locate your spouse and the notice requirements, they may grant the divorce.

Legal Advice and Resources

While this guide provides a general overview, divorce laws can be complex, and each case is unique. It is highly recommended to consult with a legal professional who can provide personalized advice based on your specific circumstances.

For more detailed information, you can refer to:
– [Florida Statutes on Dissolution of Marriage](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/061.HTM)
– [Florida Family Law Rules of Procedure](https://www.flcourts.org/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Rules-of-Procedure)

Remember, legal professionals can help ensure that you follow the correct procedures and protect your rights throughout the divorce process.