Can I get divorced in Florida if I can’t find my spouse?

Yes. Section 49.011(4), F.S. allows service by publication in dissolution cases when personal service cannot be had, after you file a sworn statement showing a diligent search and inquiry under s. 49.041.

What is a diligent search for divorce in Florida?

An honest, documented effort to find your spouse: last known addresses, relatives and friends, last employer, public records and online presence. The sworn statement must show that diligent search and inquiry were made, under s. 49.041, F.S.

How long is the notice published in Broward County?

Under s. 49.10(1)(a), F.S., the notice of action is published once a week for 4 consecutive weeks in a newspaper published in the county. For parties approved as indigent in dissolution cases, the clerk posts it instead under s. 49.10(1)(b).

How long does my spouse have to respond to a published notice?

The notice sets a date for written defenses that is not less than 28 nor more than 60 days after the first publication, under s. 49.09, F.S.

Should I try to find my spouse before using publication?

Usually, yes. Personal service avoids the limits that publication can place on money issues such as support and property, so a real locate effort is worth it. Your attorney can explain what applies in your case.

Divorcing a Spouse You Can't Find in Broward County

Yes, you can divorce a spouse you cannot find. Florida allows service by publication in a dissolution of marriage case when personal service cannot be had (s. 49.011(4), F.S.; s. 49.021). The catch is the condition that comes first: a sworn statement that you made a diligent search and inquiry for your spouse. In Broward County, those cases are heard by the Seventeenth Judicial Circuit (s. 26.021(17), F.S.), and a thin search is one of the most common reasons a case stalls. This guide explains what the law requires, what a real search looks like, and where a licensed investigator fits in.

Can I file for divorce if I don’t know where my spouse is?

Yes. To file at all, one of the spouses must have lived in Florida for 6 months before the petition is filed (s. 61.021, F.S.). Not knowing the other spouse’s whereabouts does not stop you from filing; it changes how your spouse is notified. Instead of handing the papers to your spouse personally, the court lets you publish a notice of action — but only after you file a sworn statement showing why personal service is not possible.

What does the sworn statement have to say?

Florida’s publication statute is specific. The sworn statement, which can be an affidavit signed by you, your agent or your attorney (s. 49.031, F.S.), must show (s. 49.041, F.S.):

That diligent search and inquiry have been made to discover your spouse’s name and residence, set out as particularly as you know it.
Whether your spouse is over or under 18, if known.
That your spouse’s residence is unknown; or is in another state or country (stating it if known); or is in Florida but your spouse has been absent from the state for more than 60 days or is concealing themselves so that they cannot be personally served.

The Florida courts publish approved family law forms for this step, including the notice and diligent search forms in the 12.913 series (Florida Courts: Notices and Diligent Search). The form is the easy part. What makes it hold up is the search behind it.

What counts as a diligent search?

“I texted the last number I had” is not a diligent search. Judges look for an honest, reasonable effort using the sources a person in your position could actually check. A solid search typically covers:

Last known addresses. Every one you know, including the address you shared, with notes on who lives there now.
Family and friends. Parents, siblings, adult children, friends and former co-workers who might know where your spouse went — with the date you asked and what they said.
Last known employer. Whether your spouse still works there, or where they moved on to.
Public records. Court records, property records, business filings and other public sources that can show a newer address.
Online presence. Public social media profiles and posts that place your spouse in a city or show a new job.
Government records you are entitled to use. Some records, such as motor vehicle information, are restricted but can be used for service of process under federal law (18 U.S.C. § 2721(b)(4)), which is one reason licensed investigators handle this work.

Broward is a mobile county. Many residents have family in other states, in the Caribbean or in Latin America, and a spouse who left may simply have gone home. A diligent search should follow those leads too: relatives abroad, the last known city or country, and any public online activity from there. If your spouse lives outside Florida and you learn the address, that matters for service as well.

Write down every step with dates. If your spouse later challenges the divorce, the question will be what you did, not what you meant to do.

A common Broward scenario: a spouse moved out of the family home in Coral Springs years ago, phone numbers changed, and relatives say they “think” he went back to another state. A documented search may find a current address in a single afternoon of records work — and if it does, you can serve him personally, which avoids the limits of publication entirely. If it does not, you now have a detailed record to support your sworn statement.

What happens after the sworn statement is filed?

Once the sworn statement is filed, the clerk issues a notice of action no later than 60 days afterwards (s. 49.08, F.S.). The notice gives your spouse a deadline to file written defenses, set at not less than 28 and not more than 60 days after the first publication (s. 49.09). The notice is published once a week for 4 consecutive weeks in a newspaper published in the county (s. 49.10(1)(a)). If you are approved to proceed as indigent, the statute instead has the clerk post the notice for dissolution cases (s. 49.10(1)(b)). And if your sworn statement gives a residence more specific than just a state or country, the clerk mails a copy of the notice to that address within 10 days (s. 49.12).

Is a divorce by publication as good as a regular divorce?

It can end the marriage, but service by publication has limits on what else the court can decide, especially on money issues such as support or dividing property in some situations. That is the strongest reason to try to find your spouse first. If an investigator can locate a current address, personal service may open up relief that publication cannot. Ask your family law attorney which issues in your case depend on personal service before you choose a route.

How does a private investigator help?

Licensed investigators locate people for a living. For a divorce, that means a focused skip trace to find a current address, confirming the person actually lives there, and a written report your attorney can attach to or rely on for the sworn statement. If the search comes up empty, the report itself shows the court exactly what was done. Investigators also work within limits: no pretexting, no accessing your spouse’s accounts, and no recording conversations without everyone’s consent, which Florida prohibits (s. 934.03, F.S.).

What should I gather before calling?

Your spouse’s full legal name, any other names used, and date of birth.
Every address and phone number you have, with the approximate dates.
Names of relatives, friends and employers.
Any case number if you have already filed in Broward.

Broward Private Investigations works with licensed Florida private investigators across Broward County, from Pompano Beach to Miramar. If your divorce is stuck because you cannot find your spouse, call (954) 235-4955 or contact us for a confidential consultation. Attorneys can also see our attorney services.