How does the judge decide the property distribution if the divorce papers were served by publication and the other party does not respond? I have a house in both our names, I pay for it all myself, but will I have to give my ex half even if she does not show up?
2006-10-18 05:09:13 · 3 answers · asked by fatsomoe 1 in Family & Relationships ➔ Marriage & Divorce
the judge will make his decision on property distribution based on state law UNLESS you petition for full ownership and the defendant is a no show at that point it's his decision ( but don't get your hopes up - even if you get possession your spouse can get a new hearing in most cases )
in service by publication you must show a good faith attempt to locate your spouse ( if you have a mutual acquaintance who would know his location you must inquire and you must have attempted to serve him at his last known location ) ( lots of times not asking a mother-in-law where her son is will get a judgment overturned - good faith effort !!! )
2006-10-18 05:13:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Typically in a missing spouse divorce, issues regarding property and children will be set aside for a later date. You can ask for temporary possession of the property.
Serving by publication is a last resort when filing for a divorce. You must be able to prove that you excercised due diligence in finding your spouse.
It is usually a little more costly due to the ad in the newspaper.
Good Luck
2006-10-20 22:25:52 · answer #2 · answered by divorce_services 1 · 0⤊ 0⤋
Check on whether or not Florida is a community property state. Probably up to what the judge decides based on facts of case.
2006-10-18 12:11:12 · answer #3 · answered by acmeraven 7 · 0⤊ 0⤋