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I was married in Peru and now I want to be divorce in Miami, Fl but I dont know where my husband is ? Do I have to file for divo

Miami, FL |

I was married in Peru and now I want to be divorce in Miami, Fl but I dont know where my husband is ? Do I have to file for divorce in Fl miami as well as in my country or just my divorce in Fl would be enough . Can i still filed for divorce without his consent becuase I dont know where he is ?

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Attorney answers 3


Once you have lived in Florida for 6 months, you establish residency and you can file for divorce here in Florida. It is not necessary to file another action in Peru. If you do not know where your husband is, you can follow the proper legal procedures for conducting a diligent search and perhaps posting a publication. I recommend you contact a local family law lawyer for additional counsel.


You may file for divorce in Florida. However, it may be helpful to hire an attorney for the divorce action because there are very specific procedures that must be followed if you cannot find your spouse.

This response does not constitute, imply, or create an attorney-client relationship. The information provided is for educational purposes only and not as legal advice.


If you have any children or financial issues such as property distribution, child support or alimony concerns, you should consult with a lawyer in Florida and Peru before making a decision if you should proceed in Florida or Peru.

You can effectuate constructive service of process if your husband is a nonresident or if personal service of process cannot be had. You are required to execute an affidavit of due and diligent search after you have reasonably employed your knowledge in making the search. The clerk of court, within 60 days after filing your affidavit of due and diligent search, will issue a notice of action. The notice of action is published once a week for four consecutive weeks in the local newspaper. If a responsive pleading is not filed thereafter, the court should issue a default and set your case for a final hearing.

There are other important requirements to constructive service of process which should be explained to you by a lawyer.

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