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I am in Florida. My husband haven't seen each other since 3…

I am in Florida...

I am in Florida. My husband haven't seen each other since 3 months after we were married. Things went south extremely quickly in our marriage. I have filed for divorce in the county. He is missing and i would like to know actions to take .

Lawyer's Assistant: What steps have you taken? Have you filed any papers in FL family court?

I have filed petition to resolve the marriage, they couldn't serve him without knowing his location, i hired a private investigator that was also unsuccessful in locating him, we placed an ad in the paper to find him and no response. We also made sure he wasn't active military

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I have an lawyer just want a second opinion i haven't received a court date and it has been 2 years of back and forth with them no kids, nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe thats it

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Customer reply replied 4 months ago
https://courtcasesearch.stlucieclerk.com/BenchmarkWebExternal/CourtCase.aspx/Details/2345111?digest=BIerCKBd3101NWc6mBVX1w
Answered in 15 minutes by:
3/14/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,544
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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It sounds like you are on the right track here because if a spouse is absent and can't be located, you can still get a divorce. You just have to get the judge to agree to allow "service by publication" where you put a notice in the newspaper about the pending divorce action for a certain period of time and then once that time has passed, he is considered served and the divorce can continue.

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Since there is no response from him, you get a default divorce and the judge basically just dissolves the marriage by judicial order...

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I am not sure why your attorney has dragged this out 2 years though because if you have had a PI look for him and come up unsuccessful then the very next step is to file a motion with the court for permission for service by publication so the case can move forward.

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thanks

Barrister

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Customer reply replied 4 months ago
We did it the serve by publication and we left it in the newspaper for three months like the state requires. Then my attorney told me that we had to make sure that he was not in the military or active duty which we did. My question and concern is why this is being dragged out for so long.
I have proof of all the actions we have taken in my email. I have the papers from the private investigator I have the papers from the newspaper I have the paper stating he’s not active military I just don’t understand why we haven’t gotten a court date yet and that is my major concern.
Customer reply replied 4 months ago
Also, roughly after these actions are taken how long does it take to receive a court date? Obviously it varies by county.

I just don’t understand why we haven’t gotten a court date yet and that is my major concern.

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I agree with you 100%.... and that is my question as well.. There is no legal reason why your attorney can't file a motion to have the determination made by the judge that he has been legally served so you can continue.

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But that is a question you have to ask your attorney...

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And once you get permission to do service by publication, and the publication time is over, you can immediately file a motion to have the case move forward to a default judgment of divorce.. It might take a month at most to get a court date..

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Customer reply replied 4 months ago
What is a default judgment of divorce?
Customer reply replied 4 months ago
My attorney is telling me him missing is worse than him fighting the divorce
Customer reply replied 4 months ago
with everything I have done on my end and once I receive that court date is there a possibility that the courts could deny my divorce?

It means that the other spouse has been deemed to be served (i.e. the service by publication) and then the case can move forward with you getting a judgment of divorce by default because he didn't respond at all. So you get whatever you asked for in the initial divorce petition.

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And yes, it takes longer if he is missing, but you have already done all the hard parts that take all the time..

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No, that is the point.... you win by default... meaning you don't have to fight about it.. once you have done all the steps....1.2.3.4 ... at the end the judge has to grant the divorce.

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Customer reply replied 4 months ago
On the city court website it states that my attorney Has filed all the paperwork could be proof of publication the proof of the PI the everything but it says Motion of default dated over a month ago. So I’m not sure what to ask my attorney
Customer reply replied 4 months ago
My attorney has promised me it would be less than a month since Christmas and here we are almost three months later

If it says Motion for Default then that means that he submitted the motion to get the judge to grant the divorce by default.

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So if it was filed a month ago, it should have been heard by now or be right at the point of being heard...

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So the question you need to ask your attorney is "Hey, what was the outcome of the Motion for Default?"

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You can contact the court clerk where the case is filed and ask them what the status of the case is as well and if the motion has been heard with the judge issuing a ruling..

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Customer reply replied 4 months ago
I don’t have to show up to court?
Customer reply replied 4 months ago
I’m so sorry for all the questions I’m just literally waiting for this divorce to move on with my life.
Customer reply replied 4 months ago
Would it state the outcome on the county clerk search?
Customer reply replied 4 months ago
Would it state it on here?

If the motion was filed and it was approved by the judge, then there might be one final hearing where the judge formally enters the decree of divorce. Some judges will just do an order outside court because there isn't really any reason to have a hearing with only one side there..

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It should show up there if the judge has finally ruled...

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But just call the clerk of the court and ask them....the is the quickest and best way to find out the status of the case..

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Customer reply replied 4 months ago
I just called to ask they told me there was no court date yet to fill out a “form-a” to have a case manager call me with an update??

Ok, then the motion hasn't been heard yet.. So you need to get on your attorney to contact the court and get the motion on a docket so it can be heard..

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Customer reply replied 4 months ago
I’m not pleased with my attorney but I’m also nearing the end of this. Could I love forward with out my attorney?

Yes, you could fire them and proceed pro se. But since you are this close, it might be best to just bug your attorney to get this finished if you have paid them to do so..

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Customer reply replied 4 months ago
Yeah I have paid them. It’s just something I was thinking might speed everything up.

Well that is up to you... you are probably close enough to the finish line so you could wrap this up with a "motion for status" that basically is just you asking "Hey judge, what is going on with the motion?". Sometimes motions like this get put in a pile and if there is no one bugging the judge to rule, they don't get in any hurry..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,544
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
I asked my attorney about what we spoke about and she told me that she filed all the papers but needs to set a Default final hearing and that depends on the judges calendar?

Correct.... you can't really force a judge to hear something as they schedule things when they want.. but you can bug them and call their office and ask if it has been docketed and after a couple times they get tired of the message that the attorney called about it and they will get it done..

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So you are close... your attorney just needs to bug the judge's office to schedule it..

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Customer reply replied 4 months ago
Okay thank you so much. I appreciate your advice. Just wanted to make sure that sounds correct
Customer reply replied 4 months ago
The reached out to the clerk of courts and they sent me an email back today. I’m not sure what I should do moving forward?

So do you know either attorney? if one was representing you and the other one filed something as a favor to the first one, then they need to formally withdraw from the case by notifying the court..

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Customer reply replied 4 months ago
Is that a serious issue? I mean you can’t have 2 attorneys??
Customer reply replied 4 months ago
Is that a serious issue? I mean you can’t have 2 attorneys??

I haven't really ever heard of the clerks bringing it up and complaining about it... and yes you can have as many attorney as you want, but they have to do a formal "entry of appearance" in as case so they are then legally in the loop so the court knows to send any documents to them.. But usually they just add the attorney if a new one submits something automatically...

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Customer reply replied 4 months ago
Okay. I believe what happened was my old attorney is no longer with the firm and they have a new attorney handling my case
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