Miami, FL asked in Divorce for Florida

Q: How can i divorce my husband who is homeless

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1 Lawyer Answer
Matthew J Ausley
Matthew J Ausley
PREMIUM
Answered
  • Fort Walton Beach, FL
  • Licensed in Florida

A: In order to sue someone, including for divorce, the person bringing the lawsuit has to notify the person being sued. This notification is called “service of process.” There is more than one way to accomplish it. However, when you suspect that the other party is homeless, and there is no way to find them, a common way to give that person notice is through publication in a newspaper that circulates in a county in which the person is likely to see it.

If you want to accomplish service through publication, you must make a formal request to the Court, which requires a written motion and supporting affidavit addressing specific statutory elements. The court will then (hopefully) issue an order granting your motion and allowing you to run your “notice of action” in the newspaper, once a week for 4 weeks. After that, if the other party doesn’t respond, you can ask the clerk (with a written motion) to default the other party. After a clerk’s default is entered, you can move for a final judgment after default. Now, there is more than one way to skin a cat, but this is a traditional and common way to divorce a homeless person.

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