Missing Husband!!

[Kristi1]

Hello! I got married in October of 2001 in Alabama. In August of 2003 we seperated (not legally). I then moved to Florida and we stayed in contact for about 2 years. Since that time I have been trying to find him, escpecially the past 2 years. I have went on every social networking site, I have contacted old family friends, sent letters to last known address and nothing I cannot find him!! Do I have the right to file divorce even without his knowledge? It sounds harsh but we will never get back together, and I want to move on. And will this cost a fortune??

 

[army judge]

Hello! I got married in October of 2001 in Alabama. In August of 2003 we seperated (not legally). I then moved to Florida and we stayed in contact for about 2 years. Since that time I have been trying to find him, escpecially the past 2 years. I have went on every social networking site, I have contacted old family friends, sent letters to last known address and nothing I cannot find him!! Do I have the right to file divorce even without his knowledge? It sounds harsh but we will never get back together, and I want to move on. And will this cost a fortune??

First of all, no one should have to endure crap like this.
My heart goes out to you because this bum invaded your life.

Now to address your legal problem.
Yes, you can get a divorce, despite the fact the bum went missing NINE years ago!


Under Florida Law, you have the right to represent yourself in all legal cases, including divorce.
Florida is a no-fault state. In order to obtain a divorce, one party needs to state that he or she has lived in Florida for six months and that the marriage is irretrievably broken.
As you can't serve your husband, you will file under abandonment.

The legal term for representing yourself is "pro se," pronounced "pro say") which is Latin for "on your own behalf."
Representing yourself is not a good idea for everyone.
But, in your case, Kristi, its a great, low cost idea.
Your divorce will be a breeze, you've already endured the worst part.

For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Florida, the abandonment has:

* continued for 12 uninterrupted months;
* must be willful and malicious;
* beyond any reasonable expectation of reconciliation.

There are two types of desertion-actual desertion and constructive desertion.

Obviously, yours is an actual desertion.
I'll address that next.

When your spouse packs bags, books, and toothpaste, walks out the door, moves into another apartment, and stays there, he or she is guilty of actual desertion. If your spouse voluntarily leaves and never returned, you have been abandoned.

Now, Florida is a very open and easy state in which to handle legal matters.

Here is the Florida courts FREE legal document site.
You can get almost every form you need to do your divorce.
http://www.flcourts.org/gen_public/family/forms_rules/index.shtml
Florida also has legal forms sites that sell you forms and talk you though how to complete and file them.

But, yours is a simple matter.
You should at least speak with a couple attorneys before you proceed.
Since he's been gone so long, I'll bet you can get a lawyer to do this for $500, or so.
The first consultation is usually free, so why not ask?

Good luck, and I hope you legally get this deadbeat bum out of your life.

 

[Kristi1]

WOW!! Thank you so much!! That was a lot of useful information.