A divorce by publication in Florida is a process used to get a divorce when you’ve lost contact with your spouse. Some people think of it as a divorce from missing spouse

Table of Contents:

Why use publication for a divorce

Florida law requires that your spouse receive notice of the divorce. Since you can’t find your spouse, you have to follow the steps to satisfy the notice requirement.

The first step is to search for your spouse in a good-faith attempt to find them.

If you are unable to find your spouse, the second step is publication as required by statute.

Once those two steps are taken care of, the rest of the divorce is pretty much like an uncontested divorce.

Children and property

A divorce by publication can be used when you have children and property of the marriage. 

As to children (assuming they are living with you), the Court may award you sole parental responsibility and one-hundred percent of the timesharing. It also keeps jurisdiction to make decisions about timesharing for the other parent in the future, if the other parent ever comes into court to ask the court for timesharing with the children.

When it comes to real property titled in joint names, the court will not be able to equitably divide it. For example, if you live in a home titled in joint names with you spouse, you can continue living on the property after the divorce. If you want to sell it later, there are additional steps you may have to take.

Time Frame for a Divorce by Publication

A divorce by publication usually takes about 3 months to complete. The time frame is longer than an uncontested divorce without publication exactly because of the publication requirements.

Obviously, you don’t want to use this process if you are in a rush to get divorced for any reason. If you are able to find your spouse, and they agree to sign the divorce papers, you can take advantage of a faster uncontested divorce divorce process.

The process to follow is pretty detailed. If you are pro se, which means you don’t have a lawyer, it will probably be more time-consuming than other divorces.

Once you take care of the publication part, the divorce is considered an uncontested divorce.

No Hearings in a Divorce by Publication

There are no hearings for a divorce by publication in the Miami Family Court. Like other uncontested divorces since the reopening of the Court buildings, these divorces are done without a hearing

You may be able to get your divorce by publication done without a hearing if your local family court doesn’t offer this option. Contact us to discuss your situation.

Cost of Divorce by Publication

Divorces by publication have additional costs. The filing fee is the same as for any divorce. In addition, there is the cost of searching for your spouse, and the cost of publication.

Conclusion

A divorce by publication can only be used when you do not know the whereabouts of your spouse after searching for them. The process takes about 3 months, and can be used for a divorce in which there are children and property. In Miami-Dade County, there are no hearings for these divorces because they are uncontested divorces.

I offer a flat fee for a divorce by publication. To find out more about our services for your divorce by publication, you can call us at 305-710-9419 or ask us to call you. You can find out more about us here.