Divorce – Matters of Fault, and Finding Lost Spouses
If you are considering filing for divorce, you likely have a whole slew of questions and concerns. You are not alone. Thousands of questions are asked every day by thousands of individuals just like yourself.
One of the more common concerns people have in the process of gearing up for a divorce filing is whether or not fault is required. The simple answer is no. In the state of Florida, fault is not required in order to file for divorce. It can certainly factor into discussions of child custody or alimony, but for the initial filing, one spouse citing that the marriage is “irretrievably broken” is enough.
Another common question is about spouses that have disappeared. While some states might make it impossible to get a divorce without both parties’ consent, Florida is not one of those states. You must simply demonstrate a diligent good faith search to be eligible for divorce, which means talking to family and friends (both yours and theirs), contacting the department of motor vehicles, publishing a notice in a relevant newspaper for a period of time, and various other lightweight searches. You don’t need to hire a private investigator, or threaten your spouse’s friends if they don’t give you any information, but do what you can to demonstrate that you tried to find them.
Make sure you really do perform these searches yourself, though. As with all legal matters, no matter whether you are talking to your attorney or to a judge, dishonesty is at best frowned upon, and at worst illegal. Even something small like a simple white lie can cause a judge to view your claims with skepticism and doubt, and the risk is just not worth it.
Make sure that if you ever have any questions about divorce, or are ready to start taking steps, you get in touch with a skilled Florida divorce attorney today.