Want divorce but can't locate spouse.

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MotoMike117

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Georgia
Hello I was married in 2012 but haven't seen my wife in over 3 years. Someone told me I really need to get a divorce before 10 years of marriage. How do I go about getting a divorce when I can't even locate her and I am now living in Florida. She is an addict and usually just floats around from place to place and jail to rehab and repeat. Not trying to defame her but just stating the facts. I don't even have anything against her anymore. Both of my parents are in their last year of Life probably and I'm afraid she's avoiding me because she's expecting to get a large portion of what is Left behind. The last I could find of her (and that's hard because she goes by multiple names), is that she was arrested for felony DUI and child endangerment for having her kids in the car while drunk. The marriage happened in georgia. I would just hire a lawyer but I can barely make my rent after being quarantined with covid, etc.
 
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How do I go about getting a divorce when I can't even locate her and I am now living in Florida.


One could retain the services of a private investigator and task the PI with finding the whereabouts of the missing spouse.


She is an addict and usually just floats around from place to place and jail to rehab and repeat.

It might be tragic for your spouse, but if she were discovered to be deceased, that would make things easier for you.

Again, this is what a GOOD PI will uncover.


I'm afraid she's avoiding me because she's expecting to get a large portion of what is Left behind.

If your beloved parents were ever to die, leaving you millions of dollars in US Cash, that would be an inheritance.

Inheritances go only to named beneficiaries.

IF mom and pop bequeath their worldly goods to you, their beloved son, your spouse takes NOTHING if you choose to give her NOTHING.

Thanks to the internet, if one has "certain data" about another party, a well informed ONE might NOT need to hire anyone to locate a serial offender and drug abuser.

This is one of my most useful tools when I need to locate certain individuals.
It is over 85% effective.

This is their "demo".
You can use it gratis, and if you like it, they'll tell you how to sign up for a reasonable fee.

PublicData.com | Demo

There are others that cost more, and approach 100% effectiveness for my purposes.
 
As long as you meet the Florida residency requirements you can file your petition and prepare the summons and complaint for service. You will then have to convince the court that you have made diligent effort to locate your spouse before you can ask the court to allow you to serve by publication. Best way to do that is spend a few hundred on a private investigator who is also a process server. If he cannot locate your spouse he can provide you with an affidavit showing the efforts that were made. You then file a motion to allow service by publication. After the required amount of time passes you move for a default divorce.

Above is general information. You can find more information on the Florida courts self help web pages.

Florida Courts Help
 
I . . . haven't seen my wife in over 3 years. . . . How do I go about getting a divorce when I can't even locate her

"Haven't see my wife in over 3 years" and "can't . . . locate her" are very different things. What efforts have you made to locate her? When was the last time you called her cell phone or emailed her. At the very least, you ought to have been in contact with her in connection with your tax returns that you must legally have filed as married filing jointly or married filing separately or (if you have dependents) head of household.

How do I go about getting a divorce

You file for divorce like anyone else. You'll have to make an effort to find your wife to serve her with the papers. If, after making a reasonable effort, you cannot locate her, you can apply to the court to allow service by publication or email.

The last I could find of her (and that's hard because she goes by multiple names), is that she was arrested for felony DUI and child endangerment for having her kids in the car while drunk.

Hope these are not also your kids.
 
Call her cell phone? Well damn I never thought of that... No they are not my kids. She has changed her number several times and I have records including screenshots of me trying to contact her on Facebook. Hope that answers all your questions...
 
Call her cell phone? Well damn I never thought of that... No they are not my kids. She has changed her number several times and I have records including screenshots of me trying to contact her on Facebook. Hope that answers all your questions...

You married in 2012. Were these kids born before or after your marriage in 2012?

Because if the kids were born during the marriage, then you need to disestablish paternity as part of the divorce.
 
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