How to Get a Divorce in Miami if My Spouse Is Missing
- 1). Visit the Clerk of Courts in Miami-Dad County and request a Petition for Dissolution of Marriage and a Notice of Action for Dissolution of Marriage. The Notice of Action is a notice used in newspapers and other filings that tells your spouse you are seeking a divorce. The Petition is the filing for divorce.
- 2). Perform an adequate search to locate and find your missing spouse. Take out ads in local newspapers, or if you recently moved to Miami, place ads in the town where you last saw your spouse. Contact family members of the individual and keep records, showing that you made an honest attempt to locate the person.
- 3). Request an Affidavit of Diligent Search and Inquiry from the Court. The form lists all the ways in which you attempted to locate your spouse, prior to filing for divorce. Complete all three forms and return the forms to the court, with your filing fee.
- 4). Ask the court for any additional forms required for a divorce. The court may require additional information, paperwork, or forms if you share children, both names are on property or if you want any type of support from your spouse.
- 5). Meet with the judge in the Miami courtroom and discuss the divorce. The judge asks several questions to make sure that you searched as hard as possible for the spouse. If the judge is satisfied, he will make a default judgment in your favor and approve the divorce.