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How to File for a Divorce Without Your Spouse

Posted by LEISA WINTZ | Mar 14, 2022 | 0 Comments

Filing for a divorce can be stressful, especially if children, pets, or assets need are involved. The stress can worsen when your spouse does not want to move forward with the divorce. You want to do what is best for you during this difficult time, and contacting the right attorney is a great place to start. Keep reading if you want to file for a divorce without your spouse. In this article, we will cover what to do when you are interested in filing for divorce, but your partner either can't be found or does not want to cooperate with the dissolution of the marriage. 

How To File for Divorce in Florida Without your Spouse

The state of Florida is one of the “No-Fault” states. “No-Fault” means that you do not have to prove that your spouse did something that has led to the dissolution of the marriage. You do not need your spouse's consent to file for the divorce, but at least one of you has to have lived in Florida for at least six months before filing.

Once you have decided you want to file for divorce, you will need to file a divorce petition with your local Court in the county you reside in. Your petition must have the below information:

  • The date and location you and your spouse were married
  • Both of your names
  • Your current location where you lived during your marriage
  • The date the marital separation occurred
  • A statement that includes that you want a divorce because the marriage is irretrievably broken and without hope of reconciliation

You must file your paperwork, get a process server to deliver it to your partner, and get their signature. They have 30 days to respond to the petition; however, if they fail to respond or refuse, the Court may grant you a default divorce.

Divorce by Publication

Sometimes, for various reasons, you may not know the current location of your spouse. You can still get a divorce in Florida if you do not know the location of your spouse, but you will need to prove to the Court that you can't locate them. We cover this more fully in another article, but essentially you will need to prove that you made every effort to find your lost spouse. After searching, if you are still not able to locate your partner, the Court will then publish a notice in the newspaper that alerts your spouse to the divorce. The only negative of this divorce process is that the Court cannot award alimony or divide debts and marital property with a Divorce by Publication.

If you are looking to end your marriage and take the next step forward, getting trustworthy and reliable legal advice is vital to that process. Family Matters Law Group, P.A. was founded with the specific goal of providing solid legal guidance and support to families throughout South Florida that were experiencing family issues. Our firm is highly rated, and we have handled many divorces in Broward and Miami Dade County, including locations such as Sunrise, Coral Springs, Coral Gables, and El Portal.

We offer free consultations for you to speak with one of our lead attorneys and help you get started on filing a divorce. Get in touch today to discuss your unique situation and how we can help achieve the best possible legal outcome for you and your family.

About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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