This is my next post in a series of articles which will discuss how to get a divorce in Melbourne and other parts of Florida if your spouse has been deported. In my last article, I addressed whether one can file for Florida divorce after their spouse was deported. The answer to this question is “yes” as long as the filing party meets the state’s residency requirements. The state requires the petitioner to have lived in Florida for at least six months before being eligible to file for divorce. In this article, I will discuss how to serve a deported spouse with divorce papers and how this may differ from the typical personal service. Failing to properly effectuate service can lead to delays or even dismissal of your case. Florida law provides an alternative service option when a spouse has been deported or cannot be located as traditional service methods may be impractical. I will also highlight the value of retaining an attorney for help early on in the process as they can ensure the service requirements are followed correctly. Contact my office to speak with a Melbourne divorce attorney if you are in need of assistance.
Every person who files for divorce in Florida must serve the other person with a copy of the Petition and a Summons. This gives the spouse formal notice of the proceedings and an opportunity to respond. However, this requirement can become complicated or even impossible when the spouse has been deported and their whereabouts are unknown. Some individuals who wish to file for divorce have no contact information for the other spouse or have any way to know where they are. Divorce papers are traditionally delivered to a person physically by a sheriff or a registered process server. This is understandably not an option in these cases, so the Court offers an alternative method.
Florida allows for constructive service when the other party cannot be located after a diligent search. This process begins when an individual files an affidavit of diligent search with the Court. The affidavit should detail the good faith efforts the petitioner made to locate the spouse, such as contacting relatives, checking immigration records, reviewing social media, checking last known addresses, or contacting employers. An individual may not simply make futile attempts to locate the spouse without the intention of actually reaching them. The Court will review the affidavit to determine whether the search was thorough enough. The Judge will allow service by publication as long as they find you made a reasonable effort. Service by publication involves publishing a legal notice of the Petition in a newspaper approved by the Court. The notice must be published once per week for four weeks in a row. The petitioner must provide the Court with proof of publication.
The spouse is considered served at the conclusion of the publication period, even if they never actually read the notice. Florida law recognizes that the petitioning spouse fulfilled their obligation to notify the other spouse by using the only available method. The spouse has a certain amount of time to file a response with the Court. This is typically twenty days after the final publication. You may request a default at the end of this period if no response is filed.
A default judgment means that the Court will accept your allegations as true since your spouse did not respond to the notification. The Judge will likely schedule a prove-up hearing where the petitioning spouse confirms under oath that the marriage is irretrievably broken and all legal requirements are met. You will present evidence and potentially testify about issues such as property division or child custody if those are issues the Court needs to address. The Judge will then grant your divorce and issue a Final Judgment of Dissolution of Marriage if everything is in order.
Your case could be delayed or dismissed if it is not handled properly. Courts are strict about the requirements for constructive service because it is a last resort option. The Court could reject your request to proceed if publication is not done correctly or your affidavit is missing information. This is why it is highly recommended that you work with an experienced family law attorney. A lawyer can assist with preparing necessary documents, help ensure that you comply with all legal requirements, and represent you at the hearing. They can also help resolve other related issues such as shared property, debts, or parenting matters.
Call Beachfront Family Law, LLC if your spouse has been deported and you are seeking a divorce. I am a Melbourne divorce lawyer who is able to assist with these matters. I take pride in providing legal representation that is affordable and professional. We serve those in 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.