This is the next post in a series of articles which will discuss how to get a divorce in Melbourne, Florida if your spouse has been deported. In my last article, I provided an overview of the various topics I will cover over the course of this blog series. In this article, I will address the eligibility requirements to file for divorce in Florida. Many people who find themselves in a marriage where their spouse was deported are not aware of the state’s residency requirements. The process includes several important steps. I will also point out how important it is to retain a qualified lawyer who can offer guidance, explain your options, and assist with divorce proceedings. Contact Beachfront Family Law, LLC if you are in need of assistance obtaining a divorce.
The first issue to address is Florida’s residency requirements. The state requires that at least one spouse must have resided in the state for at least six months prior to filing a Petition for Dissolution of Marriage. This means that you can file for divorce in Florida as long as you have been a resident for half of a year or longer, even if your spouse has been deported and is no longer living in the country. The person filing for divorce will need to prove their residency to the Court. This can be done by providing a Florida driver’s license, voter registration, lease, utility bills, or other documentation that establishes your presence in the state. An individual may proceed with filing their divorce petition once residency is established.
Florida law requires that the petitioner notify the spouse of the divorce by serving them with official Court papers. This is normally done through personal service by a sheriff or a registered process server. However, that may not be possible if your spouse has been deported and you do not know where they are. The Court may allow the spouse to be served by publication – also known as constructive service in Florida. The Court will require the petitioner to demonstrate due diligence in trying to locate their spouse before granting permission to service by publication. You will need to file a sworn affidavit to the Court describing your efforts, which may include contacting relatives, checking social media, reaching out to immigration authorities, or reviewing last known addresses. Constructive service involves publishing notice of the divorce once per week for four consecutive weeks in a newspaper approved by the Court. The spouse is considered served after the publication period is complete.
The petitioner will likely need to attend a brief hearing known as a prove-up hearing in cases where the spouse has been served by publication and does not respond. The Judge will ask you a few questions under oath to verify several facts including residency, the efforts made to locate your spouse, and more. You will typically be required to bring supporting documents such as the original petition, affidavit of diligent search, proof of publication, and any proposed agreements. An attorney can explain all these requirements and offer guidance through the process to ensure that nothing is unknowingly excluded.
The divorce is legally finalized once the Judge signs a Final Judgment of Dissolution of Marriage. There may be some practical matters that still need to be addressed afterwards. For example, retitling vehicles or real estate, contacting creditors to update account information on split debt, and following parenting plans if children are involved. It is important to keep copies of all court documents in case the spouse re-enters the country in the future and seeks modifications to court orders related to custody or support.
Divorcing a spouse who has been deported can be stressful and leave you unsure about how to move forward without their presence or cooperation. These cases involve unique challenges that a qualified attorney can easily navigate. I am a Melbourne divorce lawyer and can help evaluate your situation, gather documentation, and offer guidance through each step as smoothly as possible. Contact my office today if you want to file for divorce in Florida and your spouse has been deported. I look forward to speaking with you. We serve those in Melbourne, Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.