How To Divorce Person Out Of Country
by Anonymous from Florida
What can I do and what paperwork do I need to process the divorce of a person who is out of the country?
I live in Florida, and have a child with him.
We do not have a property together. Please help!
Answer to Florida Divorce Question
Dear Anonymous,
As long as either you or your spouse is a Florida
resident, you can file for divorce in Florida even if one of you is not
in the state or out of the country.
In many cases, if your
spouse is a military member on an overseas assignment, and he was a
Florida resident prior to the assignment, then he is considered a
Florida resident for the purposes of a divorce.
Many courts will allow your spouse to appear at a final hearing for divorce via telephone.
All
he needs to do is file a motion to appear telephonically. If this is
an uncontested divorce, the divorce paperwork involves all the normal
divorce forms, but may include an Answer & Waiver Form 12.903(a).
Fillable Answer & Waiver Form 12.903(a)You'll notice that this is one of the forms the Florida courts has not updated to make fillable.
You can download the fillable version on
our Family Law Forms page for free.
You
may need to provide the court with all copies of financial records and
other information where calculations are necessary for issues such as
alimony and child support.
If you cannot reach your spouse so that he
can be served the divorce papers, you can still divorce using the
missing spouse divorce procedure.
You can begin this process by
filing a petition for dissolution of marriage.
The missing spouse
divorce simply adds the step of running an advertisement and using the
diligent search procedure.
Legal Advice and Florida Court Forms
Notice: We provide these answers
to the general public and our website visitors as a means to further
their online legal research. These answers are merely suggestions and
should not be regarded as legal advice.
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Answer to …
Choosing Florida Divorce Forms to File - An Easy Guide
Learn
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form to use for do it yourself (DIY) divorce in Florida.
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Your legal documents ready to file at a price you can afford!
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Your court papers will be in your hands and ready to file in as little as three days! We guarantee our work. Just ask us for a quote.
Kenneth has been a Florida Legal Document Preparer since 1998. Currently, he publishes and writes content for legal websites and does freelance paralegal work through referrals only.
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