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Lawdoctor
Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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I am seeking a divorce in Florida. My husband abandon me about

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I am seeking a divorce in Florida. My husband abandon me about l5 years ago, and I have no idea where he may be. He was on probation at the time, and left the country, skipping out on both me and the probation, as he wished to no longer report to probation, and so his answer was to run. Anyway, how do I proceed at this point in regards XXXXX XXXXX this man. I have not heard from him since he left those l5 years ago. I appreciate any information you can give me in how to proceed.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

What county do you live in?

This will assist me in getting you the most accurate and simplistic information so that you can proceed.

Thank youCustomer
Customer: replied 4 years ago.

 

I live in Palm Beach County, Florida. My mailing address is West Palm Beach, Florida.

 

Thank you.

Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!


Florida allows for a no fault divorce and you can file on your own or you can hire an attorney to represent you. Since you do not know where he is, you will have to follow certain rules for publication of the Summons in the local papers and the newspaper at his last know residence. You will have to file affidavits that you have searched for him with due diligence and this is one reason I recommend
that you use an attorney rather than doing this on your own.

Do not worry that you cannot find him, you can still get your divorce. You just will not be able to get child support, custody or alimony issues settled until you find him. A lawyer can file a bifurcated divorce so that you reserve the issues of support custody, alimony and marital property until he is located. One reason you may not want to close this out is if he somehow now has a lot of money, under Florida law it you have equitable distribution with a presumption of 50/50 split, so half of his money would be yours....

Here is a link to forms for PBC:


http://15thcircuit.co.palm-beach.fl.us/web/guest/courtdivisions/family/forms

The clerks office also have packets which they sell for a small amount which has all the forms in order and which ones you need for your particular case.

Here is another site that is free and pretty good as well:

http://www.edivorcepapers.com/Florida-divorce-forms-and-papers.html

I wish you the very best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 4 years ago.

Thank you so much for your response. However, I do have some additional questions.

 

I will give you a little bit more information so that it may help you to further assess my issues.

 

I was previously married; this gentleman is my second husband (the one who disappeared). However, the second husband has no input into Social Security, nor do I. I have been told that I can collect Social Security from my first husband if I am divorced from the second for an unknown period of time. I was married to the first husband for ten plus years, and we did file taxes jointly. The current husband has no money nor anything that I want; other than the divorce. I was told by a local attorney friend, basically in conversation, that besides the publication in the newspaper, I must also answer 23 questions regarding how I have tried to find him, etc. I am unclear on this, and it appears that it will be quite expensive, which is something that I am trying to avoid. I lwas iterally abandon by this man l5 years ago, and left with basically nothing but the clothes on my back; no where to live, no money, etc. So, without going into a lot of detail, I am sure you can understand that I don't have a lot of money to spend. However, he has literally "screwed" me the first time in the abandonment and I don't want to now being taken advantage of again by him, by being unable to collect Social Security because I can't find him and yet can't afford a lawyer to do all the certification which is possibly required to prove I have tried to locate him. And, really, who would really want to locate him?

 

I thank you once again. I am desparate and direly need to be able to collect Social Security, as I am 66 years old currently and not working. Please, I appreciate any help that you are able to give me in this regard.

Expert:  Lawdoctor replied 4 years ago.
Dear Customer:

You will need to file out form # XXXXX(b) Affidavit of Diligent Search.

http://www.flcourts.org/gen_public/family/forms_rules/913b.pdf

At the bottom of the list, you can file out where it says "other" and state the situation about him being an absconder from probation. If his probation was in Florida, he may still be on FDLE's website and you can print that out to show that he is a fugitive from justice and trying to track him down is a waste of resources.

Here is the FDLE link:

http://www.jail.org/florida_most_wanted.html\

Here is the link to Probation:

http://www.dc.state.fl.us/ActiveOffenders/SEARCH.ASP



For his social security number, if you were married in Florida, you can get a copy of the marriage license application which will have his social security number on it.

Social Security Administration lists the criteria for claiming a divorced spouse’s insurance benefits:
A. The worker is entitled to retirement or disability insurance benefits;
B. You have filed an application for divorced spouse’s benefits;
C. You are not entitled to a retirement or disability insurance benefit based on a primary insurance amount which equals or exceeds one-half the worker’s primary insurance amount;
D. You are age 62 or over;
E. You are not married; and
F. You were married to the worker for 10 years before the date the divorce became final.


The divorced spouse of a worker who is not entitled to retirement or disability insurance benefits, but who has reached age 62 and is fully insured, can become independently entitled to benefits on the worker’s earnings record. To do so, however, the divorced spouse must meet the requirements in (B)-(F) above and have been divorced from the worker for not less than two continuous years.



Benefits end when either
A.The spouse dies;
B. The worker dies (in this case the spouse may be entitled to widow(er)’s, mother’s, or father’s benefits);
C. The worker’s entitlement to disability insurance benefits ends and he or she is not entitled to retirement insurance benefits (unless the divorce spouse meets the requirements for an independently entitled divorced spouse, as explained in Sec 311);
D. The spouse is under age 62 and there no longer is a child of the worker under age 16 or disabled who is entitled to child’s insurance benefits;
E. The spouse becomes entitled to retirement or disability insurance benefits and his or her primary insurance amount is at least one-half of the worker’s primary insurance amount;
F. The spouse and the worker are divorced, unless:
1. The spouse had already turned 62 when the divorce became final; and
2. The spouse and the worker had been married for 10 years before the date the divorce became final;
G. The spouse qualified for benefits only under the conditions explained in Sec306, and one of the following events occurs:
1. The spouse enters into a valid marriage with someone other than the worker;
2. Prior to January 1991, monthly benefits are awarded on the same earnings record to another person who qualifies as the legal spouse of the worker under the conditions in Sec306; or
3. Prior to January 1991, the spouse obtains a divorce from the worker;
H. The spouse qualified for benefits only under the conditions explained in Sec 306 and later learns that the marriage is invalid;
I. The divorced spouse marries someone other than the worker. However, the divorced spouse’s benefit will not be ended by marrying an individual entitled to divorced spouse’s, widow(er)’s, mother’s, father’s, or parent’s monthly benefits, or to an individual age 18 or over who is entitled to childhood disability benefits; or
J. For an independently entitled divorced spouse, the worker is no longer fully insured or he or she marries the worker.

A spouse is not entitled to spouse’s insurance benefits for the month in which any one of the above events occurs.

 


If you remarry before age 60, you will not be entitled to survivor’s benefits, unless:

Your subsequent marriage ends, whether by death, divorce, or annulment; or

Your marriage occurred after age 50 and you were entitled to benefits as a disabled widow(er) or disabled surviving divorced spouse.


So it depend on your age when you remarried and when you divorce. 50 and 60.

I would contact SS to make sure you qualify.

I wish you the very best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience: Over 22 years of experience in numerous states.
Lawdoctor and 8 other Family Law Specialists are ready to help you

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