How to File for Divorce in Florida without Spouse?
Divorce is rarely an easy process, and it can become even more complicated when your spouse is unwilling or unable to cooperate. Fortunately, Florida law allows you to pursue a divorce even without your spouse’s signature on the initial paperwork. Here’s a breakdown of the options available to you in the Sunshine State.
There are two main scenarios where you might need to file for divorce without your spouse in Florida:
- Uncooperative Spouse: If your spouse refuses to sign the divorce papers or participate in the proceedings, you can still move forward with the divorce.
- Missing Spouse: If you cannot locate your spouse or they reside outside the state for an extended period, alternative methods exist to notify them of the divorce proceedings.
The Uncooperative Spouse
Florida is a no-fault divorce state, meaning you don’t need to prove your spouse’s wrongdoing to get a divorce. If they’re unwilling to cooperate, here’s what you can do:
- Meet Residency Requirements: You (or your spouse) must have lived in Florida for at least six months before filing for divorce.
- Gather Necessary Documents: The Florida Courts website provides a list of required forms, including a Petition for Dissolution of Marriage and financial disclosure forms.
- File the Petition: File the completed petition with the clerk of the court in the county where you reside.
- Serve Your Spouse: Even without their signature, you must still notify your spouse of the divorce filing. This can be done through certified mail, process server, or publication (if your spouse cannot be located).
Proving Diligent Search (Missing Spouse)
If you cannot locate your spouse, Florida law requires you to demonstrate a “diligent search” before proceeding with the divorce. This may involve:
- Checking with family and friends for their whereabouts.
- Hiring a private investigator.
- Checking public records and social media.
- Placing an advertisement in a local newspaper.
Once you’ve exhausted all reasonable avenues to locate your spouse, you can file an Affidavit of Diligent Search with the court. This sworn statement details your efforts to find them. If the court approves your Affidavit of Diligent Search, you can proceed with serving your spouse by publication. This involves placing a legal notice in a local newspaper for a specific period, informing them of the divorce filing.
Whether your spouse is uncooperative or missing, if they fail to respond to the divorce petition within a set timeframe, the court may grant a default judgment. This essentially finalizes the divorce based on the information you provided, without your spouse’s input.
How Much is Divorce in Florida?
Florida, like most states, presents a range of costs associated with dissolving a marriage. Understanding these costs can help you prepare for the journey ahead. The overall cost of your Florida divorce can vary depending on several factors. Here’s a breakdown of the expenses you might encounter:
-
Court Filing Fees: Florida has a standard filing fee for initiating a divorce proceeding, which is currently around $400. This fee goes directly to the court and may vary slightly by county.
-
Attorney Fees: This is often the most significant expense in a divorce. Attorney fees can vary greatly depending on the complexity of your case, the experience of your lawyer, and the geographic location. In Florida, attorney fees for contested divorces can typically range from $5,000 to $30,000, with an average cost of around $13,500. Uncontested divorces with no minor children might be handled for a flat fee, ranging from $495 to $795.
-
Expert Witness Fees: Depending on the specifics of your case, you might need to hire experts to evaluate assets, provide child custody evaluations, or offer financial guidance. These experts will have their own fees, which can add to the overall cost.
-
Discovery Costs: If your divorce is contested and involves gathering evidence to support your case, discovery costs can accumulate. This might include photocopying documents, obtaining phone records, or subpoenaing witnesses. In some cases, significant hidden assets or infidelity concerns might necessitate employing a digital investigator.
Digital forensics can be a valuable tool in complex divorce cases, particularly when infidelity is suspected or one spouse is believed to be hiding assets.
Who Pays Attorney Fees in Divorce?
In most divorce cases, each party is responsible for paying their own attorney fees. This is especially true in no-fault divorce states, which are the majority in the United States. But, there are situations where a court might order one spouse to pay some or all of the other spouse’s legal fees.
The judge’s decision will hinge on factors like the financial disparity between the spouses. If one spouse earns significantly more than the other, the court might order them to contribute towards the other’s legal fees for a more balanced playing field.
Another consideration is the complexity of the case. Uncontested divorces with minimal assets and no children are generally less expensive. In such cases, each spouse might be responsible for their own legal fees as there’s less need for extensive legal wrangling. But contested divorces involving substantial assets, child custody disputes, or allegations of infidelity can become expensive battles. If one spouse’s actions significantly contribute to the complexity and cost of the case (e.g., hiding assets, refusing to cooperate), the court might order them to shoulder some of the other spouse’s legal burden.
The judge weighs fairness and financial resources when deciding on attorney fee allocation. Consulting with a qualified family law attorney is necessary to understand your state’s specific laws and how they might apply to your situation.
