DUE PROCESS, NOTICE, AND THE MYTH OF THE “ONE-SIDED DIVORCE” IN FLORIDA FAMILY LAW
As a Florida family law attorney, I’ve recently noticed a sharp increase in calls and consultations from people seeking to file for divorce who claim they have no idea where their spouse is. These cases often involve minor children, joint assets, shared debts, and a host of unresolved emotional and legal issues.
Yet, many of these individuals are under the false impression that simply stating they don’t know where their spouse is located allows the divorce to proceed without any further steps — essentially expecting the Court to grant them a divorce based upon their word, alone.
Let me be clear: That is not how due process works.
The Constitutional Backbone: Due Process & Notice
At the core of every legal proceeding in the United States and Florida— including divorce — is the concept of due process. This is not just some legal formality; it’s a constitutional right, protected by the 5th and 14th Amendments, and in Florida, it is tightly woven into how family law cases are handled.
Due process ensures that every party to a legal matter has the right to be:
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- Notified of the proceedings
- Given a meaningful opportunity to be heard
- Allowed to present evidence and challenge claims
That’s not optional. That’s the rule of law.
The Reality of “I Don’t Know Where They Are”
It’s understandable that, especially in today’s world, people may lose contact with a spouse. Life happens — people move, change numbers, block communication. But that does not excuse you from your obligation to make a diligent and good faith effort to locate your spouse before moving forward with a divorce.
In Florida, if you truly cannot find your spouse, the court may allow you to proceed with a method called constructive service (via publication), but this is not an easy shortcut. The law requires:
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- A formal Affidavit of Diligent Search and Inquiry, detailing every reasonable attempt you’ve made to locate your spouse.
- Use of public records, online databases, social media, even hiring a private investigator, if necessary.
- Notices published in a local legal newspaper for a specified period of time.
Only after all of that can the court consider proceeding without personal service. Even then, your ability to get final rulings on things like child custody, support, or division of property may be limited if the other party is not properly notified and given a chance to respond.
Children, Assets, and Accountability
When children are involved, due process becomes even more essential. Florida courts are charged with making decisions based on the best interests of the child, not the convenience of one parent. That can’t happen if the other parent doesn’t even know that a case is pending.
Similarly, the division of marital property, assignment of debts, and decisions regarding alimony or support all require a fair and transparent process. The court must ensure that all parties have had the opportunity to provide input before issuing life-changing orders.
The Bottom Line
If you are considering divorce but don’t know where your spouse is, understand this:
The legal system is not built to favor whoever shows up first.
Courts demand fairness — and that means making every effort to notify the other party.
Simply declaring “I don’t know where they are” is not a magical pass to bypass the other side’s rights.
Divorce is a legal proceeding, and like all legal processes, it must be handled with care, honesty, and respect for the rule of law.
If you’re in this situation, you need a strategy — not shortcuts.
Because in family law, doing it right the first time is more important than just getting it done.
