This is the next post in my series on filing for divorce in Melbourne, Florida when your spouse is outside of the country. My last post discussed an overseas divorce when your spouse’s location is known. It also stressed the need to speak with an attorney as soon as possible if you or a loved one are dealing with a spouse that is living overseas. In this article I will discuss how to file for divorce when your spouse is outside the country and you know their location. If you are in need of assistance then contact our office today to speak with a lawyer.
If you file for divorce while your spouse is overseas, the matter will proceed like other Florida cases
Filing for divorce when your spouse is outside of the country will be similar to the typical divorce process if you know your spouse’s location. The first step will entail filing a Complaint and serving it against the defendant spouse. There are three ways that a defendant can be served. This includes serving them personally, serving them via the United States Consulate, or serving them by publication. For obvious reasons, it can be challenging to personally serve the Complaint against the defendant spouse. However, it is possible if your lawyer provides a foreign process server with a copy of the Complaint and Summons and sends them to your spouse’s address abroad. In addition, serving a defendant spouse through the United States Consulate can be a time-consuming process. It is typically only used if the spouse’s location is known but is refusing to accept service of process. The final way to serve someone abroad is through a process called publication. This method is typically used when the defendant’s location is unknown. It entails running a series of notices in the local legal news which state the existence of the legal action.
After the defendant is served, they will have twenty days to file their response. If they fail to file a response then you may place them in default. Your counsel may then request that the Court conclude the matter at an uncontested hearing. If the defendant does file an Answer to the Complaint and a settlement cannot be reached, then the case will proceed to litigation. Fortunately, many steps of the litigation process can be handled remotely. For instance, both parties will be able to testify remotely. In fact, many Florida courts support a “no-court” hearing divorce process.
It is important to consult with an experienced Florida divorce attorney when seeking a divorce from your spouse that is abroad
When a person’s spouse has relocated out of the country, filing for divorce may seem like a daunting task. Serving the other party when they are overseas can be a complicated process. However, an attorney can assist you in doing so. It is important that you retain a lawyer who has experience dealing with divorces between spouses living in two different countries. These attorneys can help comply with the state’s requirements for serving the other spouse properly and ensure the process runs smoothly. They will also be able to keep you informed so that you know what to expect as your case progresses.
Taking such matters into your own hands can be extremely overwhelming. It is crucial to retain an attorney with experience handling these matters as this can make your situation far less stressful. Our Melbourne divorce lawyer understands that you may be facing a serious situation and we will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation. We are looking forward to being of assistance. We also serve the Brevard County cities of 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.