If your spouse is nowhere to be found for a while and likely not returning, chances are you want to end the marriage and move on with your life. Many people mistakenly believe that two spouses must sign the papers to get a divorce, though it is possible to legally dissolve a marriage without the presence of your spouse.
The first hurdle is that filing for divorce requires you to serve papers on your spouse, which you cannot do if you don’t know where they are. If you can show that you put a good-faith effort to search for your spouse, you can request that the court allows you to serve them by publication. You must submit a sworn statement that you searched for your spouse and, if the court agrees you made an honest effort, it can permit you to publish notification of the divorce in certain publications. If your spouse does not respond after 28 days, the case can proceed.
If there is no response from your spouse, the case will require a default judgment. This judgment ends the marriage, which means you are free to marry someone else in the future. However, the court will not rule on financial or child-related matters in the default case. You should discuss concerns over unresolved issues with a Boca Raton divorce attorney right away.
Learn How a Boca Raton Divorce Lawyer Can Help
At the law firm of Juliana Gaita, P.A., our Boca Raton divorce lawyer can handle all types of divorce cases, including when your spouse is not around. Divorce can be a complex process with unique circumstances, so you want the right legal assistance. Contact us online or call 561.944.7245 for a consultation about your possible divorce case and the many ways we can help.