By Robin Roshkind, Esquire, West Palm Beach, Florida
Imagine separating and losing track of where your spouse is. Now you want a divorce and can’t find him/her. What to do?
The courts require a due diligence search first, and if that fails to locate the spouse, then you must publish in a legal newspaper for 4 consecutive weeks.
Why do you need to do this? To serve notice to the other party that you are instituting a legal action (a divorce) against him/her. This is called one’s due process rights, to be notified of a legal action against you.
What is a due diligence search? You must certify to the court that you have tried the person’s last known address, close relatives, last place of employment, clubs or other locations where the party might be located.
You can also contact the post office under the Freedom of Information Act to try to locate the person at a forwarding address. If that fails, then you have to publish a public announcement in a legal journal for four consecutive weeks. Only then can you proceed with your legal action without locating the person.
For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.