Key sections every Florida Marital Settlement Agreement should include
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In Florida, a divorce by publication is typically used when one spouse cannot be located or is intentionally avoiding being served with divorce papers. In such cases, the spouse seeking the divorce must make a diligent effort to locate the missing spouse, including conducting searches, checking with friends and family, and attempting to serve the papers at their last known address.
If all attempts to locate the missing spouse are unsuccessful, the court may allow the divorce to proceed by publication in a newspaper. This involves publishing a notice of the divorce filing in a newspaper approved by the court for a specified period of time. This serves as constructive notice to the missing spouse that legal action is being taken.
Once the notice has been published according to the court’s requirements, the divorce proceedings can move forward, and the court may grant the divorce even if the missing spouse does not respond. It’s important to note that a divorce by publication may have limitations on the extent of relief that can be granted by the court, particularly regarding issues like property division and spousal support if the missing spouse does not participate in the process.
If you are considering a divorce by publication in Florida, it’s crucial to consult with a family law attorney who can guide you through the process and ensure that all legal requirements are met.
