How to Divorce a Missing Spouse in Florida: Service by Publication (2026)

Can You Get Divorced If You Can't Find Your Spouse?

Yes. Florida law provides a method called "service by publication" (also called constructive service) that allows you to proceed with a divorce even when your spouse cannot be located. Under Florida Statute 49.011, you can serve your missing spouse by publishing a legal notice in a newspaper.

However, there are important limitations on what you can obtain through service by publication.

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What Is Service by Publication?

Service by publication is a method of legal notice that involves:

This satisfies the legal requirement that your spouse be notified of the divorce, even if they never actually see the notice.

Florida Statute 49.011 governs constructive service and requires publication once a week for four consecutive weeks in a newspaper likely to give the missing party notice.

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What You CAN and CANNOT Get

What Service by Publication ALLOWS:

• Dissolution of marriage — The divorce itself will be granted
• Restoration of maiden name — If requested
• Division of property in your possession — Assets you currently control

What Service by Publication DOES NOT ALLOW:

• Child custody/time-sharing orders — Court needs jurisdiction over the person
• Child support orders — Cannot order support without personal service
• Alimony orders — Cannot order financial obligations
• Property division of spouse's assets — Assets not in your possession

Why the limitation? The U.S. Constitution requires "personal jurisdiction" over someone before a court can order them to pay money or give up property rights. Publishing a notice in a newspaper doesn't establish this jurisdiction.

Practical impact: If you have children or need financial support, you may eventually need to locate your spouse for personal service to get complete relief.

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Requirements Before Service by Publication

Before the court will allow service by publication, you must demonstrate a diligent search for your spouse. Under Florida Family Law Rule 12.070, you must file a sworn statement (affidavit) describing your search efforts.

Diligent Search Checklist

Required search efforts typically include:

• Inquiry of relatives, friends, and coworkers
• Last known employer search
• Last known address verification
• Social media searches (Facebook, Instagram, LinkedIn)
• Internet search engine queries
• Florida Department of Highway Safety and Motor Vehicles records
• Florida voter registration records
• Property appraiser/tax collector records in known counties
• Skip tracing services (if feasible)
• Military status verification (Defense Manpower Data Center)

Document everything: Keep records of every search attempt, including dates, sources checked, and results. You'll need to describe these efforts in your affidavit.

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Step-by-Step: Divorcing a Missing Spouse

Step 1: File Your Petition

File your Petition for Dissolution of Marriage with the circuit court in the county where you live. Include a statement that your spouse's address is unknown.

Step 2: Attempt Personal Service

Before resorting to publication, attempt to serve your spouse through:

• Process server at last known address
• Certified mail to last known address
• Service at known workplace

Keep records showing these attempts failed.

Step 3: Conduct Diligent Search

Perform all reasonable searches to locate your spouse. Document every attempt with dates and results.

Step 4: File Affidavit of Diligent Search

Prepare and file a sworn affidavit describing:

• Your spouse's last known address
• Every search method you used
• When you last had contact with your spouse
• Why you believe they cannot be located
• That their address is unknown after diligent search

Step 5: File Motion for Service by Publication

Ask the court for permission to serve by publication. Include:

• Your diligent search affidavit
• Proposed order granting publication
• Information about the newspaper where you'll publish

Step 6: Publish the Notice

Once the court grants permission:

• Publish in the court-designated newspaper
• Notice must run once per week for four consecutive weeks
• The newspaper will provide proof of publication (affidavit of publication)

Step 7: File Proof of Publication

After the four-week publication period, file the newspaper's affidavit of publication with the court.

Step 8: Wait for Response Period

Your spouse has additional time to respond after publication ends:

• 20 days if published in Florida
• 30 days if you know they're out of state

Step 9: Proceed to Default

If your spouse doesn't respond, file:

• Motion for Clerk's Default
• Motion for Default Final Judgment

The court will schedule an uncontested final hearing.

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Costs of Service by Publication

Total estimated cost: $700-$1,200 depending on the newspaper and services used.

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Timeline for Missing Spouse Divorce

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What If My Spouse Is Avoiding Service?

If your spouse is actively evading service (not truly missing), you have additional options:

Under Florida Statute 48.031(1)(a), you can serve someone at their "usual place of abode" by leaving papers with any person over 15 who lives there and mailing a copy.

Florida allows service at your spouse's place of employment with the person in charge if home service fails.

A PI can locate an evading spouse and serve them personally.

If your spouse is active on social media, this evidence can help demonstrate evasion rather than true absence.

Important: If you can prove your spouse is evading service, the court may allow alternative service methods. This is preferable to publication because you maintain full jurisdiction for all relief.

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Key Takeaways

If you have children or significant financial claims, locating your spouse for personal service is worth the extra effort to obtain complete relief.