Asked in Family Law for Florida

Q: Can a Florida prisoner married to a women in France file a simplified petition for dissolution of marriage?

The divorce will not be contested. There is no children and no property, no alimony. The prisoner might not be able to locate the wife.

The requirement of the simplified divorce is that husband and wife must appear at the hearing. However, a prisoner cannot do this and the wife will not make a trip to Florida just for the divorce. Are there exceptions to this rule? For example a telephone conference or a video conference? Thank you in advance!

Related Topics:
2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Hollywood, FL
  • Licensed in Florida

A: If the prisoner has lived in Florida more than six months then they can file for divorce. If the spouse cannot be found then there is a procedure for divorce by publication.

Heather Lee Mayer
Heather Lee Mayer
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: A simplified divorce cannot be filed in this matter. If both parties cannot appear together to sign and file the simplified at the courthouse, and both appear at the final hearing, a simplified is not appropriate. The person would need to file a regular dissolution of marriage petition, have the other party served via a process server with the action, or get an answer waiver from the other party, and proceed on with the process.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.