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I want a divorce, but I don't know where my ex is.

I've been separated from my husband for almost one year and I haven't heard from him since he moved out. I think he is living in Louisiana, I'd like to know if there is a type of petition for people who cannot afford the fees for the divorce procedures, here in FL? And also, since I don't know exactly where he is, how does that work? Thank you in advance.

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I want a divorce, but I don't know where my ex is.

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Dear I Want A Divorce
by: Staff

You've really asked two questions, and we'll try to give you the information you need for both. As far as having your filing fees waived, there is a form called - Application for Determination of Civil Indigent Status. That form is a free download on this site; the clerks of court have it for free; and you can download it for free from www.flcourts.org. It is a one page form that asks for information about your income and expenses. The clerk of court makes the determination as to whether you qualify; and so whether your filing fees can be waived. In general, people who are low income, on unemployment, or tax supported usually qualify.

Your second question is about how to serve your soon to be ex when you don't know his whereabouts. It is called "constructive" service; or service by publication. You advertise your intent to divorce. Before using constructive service, you must search for him, and then satisfy the court that you truly did search. You do this by going through a process called: Diligent Search and Inquiry and then filing that Affidavit with the clerk of court.

We do not attempt to offer legal advice, only general legal information. If you need additional information, please continue your research, or seek the advice of an attorney.

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