When it comes to marriage and divorce there are many unique situations. There can be times when a person is looking to get a divorce and they are not able to locate their spouse. It seems that this person has gone missing. This does not mean that the divorce cannot go through. A Miami Divorce Lawyer at Bickman Law can help a person file for divorce and help them navigate the law to divorce a missing spouse.

Attempt to Locate

Once the Petition for Dissolution of Marriage has been filed in court attempts must be made to locate the missing spouse. It is best to check their last known address or working with the lawyer to perform an internet search including social media pages. A person needs to make an effort to find a spouse and allow them to respond to the petition.

Sworn Statement

If a person cannot locate their spouse they need to go to court and make a sworn statement that the spouse cannot be located. A person needs to state the measures taken to locate the spouse and they need to swear under the penalty of perjury that all of their statement and efforts are true. The divorce lawyer can assist with this statement and preparing it properly.

Publishing a Notice

Within 60 days of making a sworn statement, the court is going to issues a Notice of Action about the divorce. This will be published in the legal section of the local newspaper. A person will need to follow the instructions of the court to file it correctly. They will then need to provide the court with Proof of Publication including the dates and names of the newspaper.

Judgment

The court will then review all of this information. They may request additional information through the divorce lawyer. They will need to look at all of the efforts made to locate the missing spouse as well as meeting specific time limits. If a person has fulfilled all of these requirements and all of the legal documents are properly filled out they may grant the divorce and a default judgment may be entered by the court on behalf of the missing spouse and the divorce will be granted.

If a person is seeking a divorce and they have a missing spouse they should contact a Miami Divorce Lawyer. The lawyer will help guide the person through the paperwork and the legal process of continuing the divorce even if the other party cannot be located.

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