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@jakedduck1

First I basically know nothing about the law but why would he have to be declared legally dead. Couldn’t she simply file for divorce on desertion grounds?
Jake

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Replies to "First I basically know nothing about the law but why would he have to be declared..."

@jakeduck
Hi

You can file for divorce due to abandonment in Florida. You may have to provide evidence that you diligently searched for your spouse and , if approved by the court, you can file for divorce but the announcement has to be publicized. In Florida I think the waiting period is 60 days after publication. Keeping records of everything, you can actually file for divorce yourself without retaining an attorney. Once divorced, she does not have to worry about any legal obligations or his debts. Since she was abandoned, she can make any decisions she wants about property ownership in the interim.

I would have an attorney do this frankly. The main thing is to get that divorce decree. And then, of course she is on her own. BTW, he will be automatically declared dead after 7 years if not heard from.....I think all states have this law. Again, documentation for every step of the way. I wouldn’t hesitate to start the proceedings if that is what she wants, then she is financially off the hook.

I’ve changed my mind about whether to inform the wife that mom has heard from him. I think I would want to know even if I never wanted to see him again. There is a part of her that may want to actually know and it could cause problems between Mom and the wife if she ever found out. Knowing may spur her on to start divorce proceedings.

It’s easy to get divorced in Florida. Even if the spouse lives in the same house but is not contributing financially...whammo..divorced and you can get the forms online.

Regards from FL Mary