Divorce by Publication

In Florida, divorce by publication is a legal option available when an individual cannot locate their spouse after making substantial efforts. This process involves publishing a notice in a newspaper to inform the absent spouse of the divorce action. The filing spouse must show the court that they have made diligent attempts to find their spouse through various means.

A diligent search includes efforts to locate the missing spouse, such as contacting the absent spouse's last known employers, relatives, friends, reviewing social media platforms, and searching public records and other databases. This process should be documented to demonstrate to the court that reasonable steps have been taken to find the missing spouse without success.

The legal requirement for the notice of divorce by publication mandates it be published once a week for four consecutive weeks in a local newspaper authorized by the court. This process is intended to provide the absent spouse with an opportunity to become aware of the divorce proceedings if they have access to the notice.

Once the publication requirement is fulfilled, the filing spouse must submit proof of publication to the court, certifying that the notice was published according to the required schedule. The court will review this documentation and may proceed to finalize the divorce even if the other spouse does not participate in the process.

The absent spouse has a limited time period to contest the divorce after it has been finalized. Grounds for contesting may include issues such as improper notification or lack of jurisdiction by the court. To contest the divorce, the absent spouse must provide evidence supporting their claims.

While a divorce by publication allows the court to issue orders regarding child custody, the division of property and assets can involve additional complexities. The court generally proceeds carefully in dividing property to protect the rights of an absent spouse, which may result in some property matters remaining unresolved or potentially subject to future litigation if the absent spouse later participates in the proceedings.

If the missing spouse is located after the publication process has begun, the divorce proceedings will proceed as a standard divorce. This includes serving the divorce papers directly to the located spouse, allowing them the opportunity to participate in the proceedings.

After the publication period is completed, there is usually a waiting period before the court can finalize the divorce. This period allows time for any responses from the absent spouse and ensures that all procedural requirements have been satisfied before the divorce is finalized.

The costs associated with a divorce by publication typically include fees for conducting a diligent search, court filing fees, and charges for publishing the notice in the newspaper. These costs can vary and are often higher than those for a standard divorce due to the additional steps required to meet the publication requirement.

If the divorce by publication is finalized and the court issues a divorce decree, the marriage is legally dissolved, which allows both parties to remarry. It is important to ensure that all legal procedures have been properly completed and that the divorce is officially recorded before entering into another marriage.