Can I file a separation form when I don't know where my husband is?
Full Question:
Answer:
Divorce by publication is a divorce allowed in some states when the spouse cannot be located. It is governed by state laws, which vary, but generally require the spouses to have been living apart for a certain minimum amount of time.
Laws typically provide for the absent spouse to be served notice of the divorce by publication in a newspaper of general circulation in the county where the action is taking place. After the newspaper notice runs for the specified length of time, the plaintiff can obtain a divorce by default judgment if the other spouse fails to respond. Before allowing service of notice by publication, the court usually requires the plaintiff to first attempt to find their spouse and attempt to serve them with the divorce documents at their last known address, even if it is out-of-state or international.
The basic rule in Florida is that a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names.