How can I divorce a convicted felon who has violated probation and has fled the country?
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How can I divorce a convicted felon who has violated probation and has fled the country?
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Asked on August 3, 2015 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
In a situation such as this, your missing spouse must still be "served" with notice of the divorce action before it can proceed. This is accomplished by what is called a "divorce by publication". In most states, the filing spouse (the "petitioner") must make a diligent effort to find the missing spouse (the "respondent"). They will have to present proof to a court that they made every effort to search for them. At that point, the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper that the judge instructs they use.
In most jurisdictions, the respondent has 20-60 days to file an answer after being "served" (i.e. the first day of publication). If they fail to do so within that time period, the petitioner can file a request to enter a "default dissolution" of the marriage (i.e. divorce). Typically it is granted upon the terms that the petitioner requests.
At this point you should consult directly with a local divorce attorney; they can best advise you further.
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