When You Need to Conduct a Diligent Search

A large reason why someone may want a divorce is because they don’t interact with their partner. Why be married to someone you never see or communicate with? The complicated part is if you want to divorce your partner but you don’t know where they are or can’t communicate with them, this can stall and even keep you from getting a divorce. For this reason, you may need to conduct what is called a diligent search. 

If you have never heard of a diligent search before, the online divorce attorneys of Untying the Knot can help. Our attorneys have experience with many different situations that you may experience as you begin and complete the divorce process.

What if I Don’t Know Where My Spouse Is?

The court will require you to complete a diligent search for your spouse and show the steps you took to find them. Since this can be a difficult process, the Florida court system has a list of diligent search forms and information that can help and guide you.

What is a Diligent Search?

A diligent search is something a plaintiff does to find a missing defendant or witness. In the case of a divorce, the defendant would be your missing spouse. For it to be considered a diligent search, it has to be exhaustive.  

What Does a Diligent Search Include?

For your search to qualify as a diligent in Florida, you must show that you’ve checked in with:

• Your spouse’s relatives
• Your spouse’s friends
• Their last known employers
• Online search engine tools

This includes making written inquiries to prove that you did as you said you did. If you do find them, ensure you serve them divorce papers. This way, you can prove that you have located and begun the start of your divorce. If they refuse to appear in court, the court can choose to proceed without their presence.

These records are important because otherwise, you could claim you looked for your spouse when you didn’t, or you did and chose not to inform them of the divorce so they won’t know to appear in court.

What Happens After You Complete a Diligent Search and Don’t Find Your Spouse?

If you cannot find them even after conducting a diligent search, you should submit an Affidavit of Diligent Search and/or see if you’re eligible for a “Divorce by Publication.” Our attorneys can explain if you’re eligible during a consultation.

While you can file for separation and wait the year to start your divorce, Florida does not require this. They only require that you wait 20 days after filing for divorce before beginning the process, even after submitting the appropriate affidavit and “Divorce by Publication.” 

If your partner does not show up for the divorce, the court still follows the model of equitable distribution. How the court splits the assets equitably may be different from how they would split assets if your spouse was still there. They may be less likely to give your missing partner physical assets they can’t claim versus monetary amounts that can be more easily saved and/or stored until they reappear.

Get Help From Our Online Divorce Attorneys

Divorce is difficult enough. Letting you do a significant portion from home can only help reduce the stress and heartache. Our online services can help you through most of the divorce process, and our attorneys can meet with you virtually to help you with anything that’s unclear or requires greater legal help. 

If you have questions regarding this issue or any other issue, please click here to schedule an appointment with our attorney.