Start Your Divorce Your Way With Untying the Knot
Florida allows you to start your divorce in many different ways. One such example is when you cannot find or contact your spouse to begin the divorce process. One of the best methods for resolving this issue is “divorce by publication.”
This is one of the ways you can start your divorce before completing it online with the help of Untying the Knot’s online platform. For more information, contact our experienced divorce attorneys.
When Would You Use a “Divorce by Publication?”
If you and your spouse are estranged as you attempt to file for divorce, you may have to conduct a diligent search. This is where a plaintiff (you) must actively search for the defendant (your spouse) so you can serve them divorce papers. Certain forms must be completed to prove that you conducted a diligent search, but a diligent search does necessitate that you find your spouse.
But what do you do after completing a diligent search? A divorce by publication is one of your options.
What is a “Divorce by Publication?”
This method is considered a last resort after you submit diligent search forms. After submitting the required forms, the court you’re filing with will approve or disapprove of a public divorce.
With court approval, you can publish a notice of your divorce in a qualifying newspaper. The newspaper must be distributed in the area where your divorce case was filed. This notice must be in circulation at least once a week for four consecutive weeks.
After 28 days, if your spouse still hasn’t responded to the public declaration of divorce, you can continue your divorce proceedings with a default judgment.
Are There Benefits of a Public Divorce?
A divorce by publication is not supposed to have benefits over a typical divorce. You are utilizing a process that’s only meant to solve a problem that could stall or stop your divorce from proceeding.
That being said, there are some ways in which your divorce will be different from normal that may benefit you in the long term. For example:
- Without your spouse present, you may be able to claim more property than you would normally be able to.
- If your spouse is abusive and isn’t present, you can more easily attain a restraining order, emergency protection order, and/or greater custody of any children you have.
- If your spouse isn’t present during your divorce, they can’t fight against any of the divorce’s stipulations. This allows the rest of the divorce process to proceed faster. A faster divorce will cost you less money in the long term.
Other Ways to Serve Divorce Papers to Your Spouse
Most people who go through a divorce will not have to utilize a divorce by publication. There are other alternative methods for serving your divorce papers.
You can know exactly where your partner is and still not want to serve them divorce papers yourself. Other ways of serving divorce papers include:
- Personal Service: Not everyone knows that you do not have to serve divorce papers to your spouse yourself. You can hire a process server or a representative of your local sheriff’s office to deliver divorce forms to your spouse.
- Service by Mail: Mailing divorce papers is for when your spouse agrees to a divorce and knows to look for the divorce papers. Do not mail divorce papers to your spouse if they are trying to fight the divorce process. You cannot prove that your spouse has been served if you cannot prove that they opened their mail.
- Service by Substituted Service: As sanctioned by Florida law, another adult who lives with the defendant or works in their workplace can accept divorce forms on your spouse’s behalf. They must sign a form of confirmation that they received it on the spouse’s behalf. This does make that person legally responsible for making sure the defendant receives their divorce papers.
- Service by Electronic Means: Florida law allows for divorce papers to be served electronically through email. It must be confirmed by the defendant that they were received before the divorce process can proceed.
Utilize Untying the Knot’s Online Divorce Service or Contact Our Divorce Attorneys For Help
Untying the Knot offers online divorce services meant to help you complete your divorce at your own pace. This allows for the divorce process to be finalized faster than average and saves money on lengthy divorce costs as well. We have divorce attorneys ready to help with any questions you may have and are available for online consultation. Complete your divorce from home so you never have to spend a day in court.
If you are having trouble serving divorce papers to your spouse, contact us to schedule a consultation. We can discuss the best options for you.