Divorcing a missing spouse in Orlando

Divorcing a missing spouse in Orlando

Orlando Divorce Lawyer Stephen Caplan

Can you still get divorced in Orlando if your spouse is missing?

Missing spouses are very common in Florida. Many of those seeking a divorce have no idea where the spouse is currently living. The divorce process can still move forward as long as you have made a good faith effort to find your spouse. You must be able to show the court that you have tried to locate your spouse and been unsuccessful.

No-Fault Divorces In Orlando

If your spouse has disappeared, you may still be able to get divorced in Orlando. Florida law allows for what is known as a “no-fault” divorce, which means that you do not need to prove that either party is at fault for the breakdown of the marriage. To get a no-fault divorce in Orlando, you must show that the marriage is “irretrievably broken” or that there are “irreconcilable differences” between you and your spouse.

Proving that your spouse is missing

If you are able to show that your spouse is missing, the court may grant you a divorce without your spouse’s consent. However, you must be able to prove that you have made a diligent effort to find your spouse and that he or she cannot be located. You may need to show the court proof that you have searched for your spouse using various methods, such as:

  • searching public records,
  • contacting friends and family members,
  • or hiring a private investigator.

Divorce by Publication

If you are unable to find your spouse, you can still get divorced by publishing a notice in a local newspaper. This is known as “constructive service.” Once you have published the notice, you can file for divorce and proceed with the divorce without your spouse’s participation. The court may then grant you a divorce by publication. This means that notice of the divorce proceedings will be published in a newspaper for four weeks. If your spouse does not respond to the notice, the court may grant you a divorce.

Contact Stephen Caplan today for help

If you have any questions about getting divorced in Orlando, or if you need help finding your missing spouse, you should contact an experienced divorce attorney. An Orlando Divorce lawyer can help you understand the divorce process and ensure that your rights are protected. Contact Stephen Caplan for help today.

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