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!

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
  • 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.

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