I was in the Navy when I married him in 2004. Haven't seen him since 2007. Last email with him was on Feb 18th 2016. I have looked for him on social media, and even paid a site to get information about him. None of the numbers listed are in service and his email is no longer valid. I'm trying to buy a house but would need a letter from him stating that he would not be on the mortgage. I'm at a loss on what to do.
Dear Ms. Keyser:
You can get a divorce from your husband. You would have to serve him with divorce papers via publication in a newspper. This is permitted once you file an affidavit with the court stating you made a diligent search and inquiry into his whereabouts and you are unable to find him. There are forms available on line from the Florida Supreme Court that may help with this.
Presumably he will not answer the published petition. You will then need to obtain a default against him and then a Final Judgmetn of Divorce. Since he will not be personally served, and since he probably does not have any "contacts" with Florida, the court can divorce you, but can make no determination of property rights. However, once the divorce is final, you should be able to purchase a house in your name alone without him being able to make any claims to it. That should satisfy the lender.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward-Boca Raton-Miami-Dade
954-316-3496/561-962-2785
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