I want to file for a divorce but I cannot locate my spouse what do I do? Or he/she will not sign the forms what do I do?

If you cannot find your spouse, you cannot proceed with an uncontested divorce. You must file a contested dissolution. In order to obtain service on your spouse, you may have to publish a notice in the newspaper (run for 4 consecutive weeks). Before publishing the notice, however, you must first conduct a diligent search for your spouse's address. A diligent search requires you to contact friends, relatives, former employers, the Post Office, utility companies, etc., to try to obtain your spouse's address. You must keep a record of each person you contacted, the date of the contact, and what you were told. The paperwork and all other instructions can be found at: flcourts.gov. 

If he or she will not sign the paperwork, you will have to have the paperwork served on the individual. If the Sheriff is able to serve the individual and that person chooses to not sign their forms you may proceed with the divorce. You will be assigned a case manager if you are pro-se and he/she will instruct you.  If the Sheriff is not able to serve the individual you will follow the above listed instructions about not being able to locate your spouse. 



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