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 how to file for divorce when your spouse has been deported. It is important to remember that Florida courts will be able to grant a divorce even if your spouse has been deported, but the process may be time consuming. When initiating a divorce, the defendant spouse must be served the official paperwork. When they have been deported, service is usually fulfilled by the method of “publication.” Retaining an experienced attorney can help to ensure that the publication process is handled correctly. In this article I will address litigating a divorce case when your spouse is outside of the country. If you are in need of assistance then contact our office today to speak with a lawyer.
Many Florida divorce cases can be litigated remotely
If spouses cannot agree on certain aspects of their divorce, such as child custody, alimony, or division of marital property, the case will proceed to a trial. This is the case regardless of the defendant spouse’s location. If they are abroad, they may not need to be physically present for trial. This is allowed so long as their attorney requests the court’s permission in advance to participate in the trial remotely and the request is granted. If they fail to make this request in advance, it could lead to delays in the already lengthy process of litigation. Moreover, if they fail to make such a request at all, the spouse may be required to attend trial in person.
Even if the case is litigated remotely, the process will be the same as if all parties were physically present in the courtroom. The first step in litigating a case is discovery. The process of discovery allows each party to gather evidence to support their case. Such evidence must be gathered under standard procedures and presented to the court in compliance with applicable rules. Failing to adhere to these requirements may lead to certain important pieces of evidence being excluded from the case. Each attorney will gather relevant documents such as bank records, police reports, witness testimony, your child’s school records, and psychologist or physician records. Next, the attorneys will present their cases to the judge. Each will have their witnesses testify and will be given a chance to cross-examine the opposing party’s witnesses. Finally, the attorneys will make their closing statements and the judge will deliberate and render a verdict.
Rules and procedures must be followed during trial, so retaining an experienced Florida divorce attorney is crucial
It is highly recommended that you retain an attorney with divorce litigation experience to assist you with your case. Navigating the discovery and trial process can be difficult so it is important to not take such matters into your own hands. Any mistakes can be devastating to the outcome of one’s divorce. It is important to speak with a representative that has handled such cases in the past. Experienced counsel will be able to keep you informed so you know what to expect as your case progresses.
Our Melbourne divorce lawyer understands that you may be facing a serious situation and we will give your case the attention it deserves. This will include promptly replying to your phone calls or emails and making ourselves available to answer any questions you may have. 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.