Divorcing a Spouse Who is Out of the Country

International divorce is a highly complicated process. When one spouse is outside of the U.S. indefinitely, a court might be unable to assert jurisdiction over them. That means some of the court’s decisions might not be binding on your spouse, or you will need to try to get a foreign court to recognize your judgment.

If your spouse is outside of the country, you will want to reach out to Hamilton O’Neill. We are a premier divorce firm in Miami helping those with high-end divorces. Many of our clients have international backgrounds, with homes and businesses in different countries. We can help you determine if filing in Florida is the right option, or if you should seek a divorce in a different country. We can also seek to enforce judicial orders when your spouse refuses to return to Florida.

How to Divorce Your Spouse Who is In a Different Country

It is not unusual for couples to live separately when they hit a rough spot. When a couple owns multiple properties in different countries, your spouse might flee the U.S. for space in the marriage.

There is good news if you want to file for divorce. A Florida court can divorce you, provided you meet the residency requirement. Typically, one spouse must be a resident of Florida for the six months before filing a divorce petition and the other spouse must have contacts with the state so that the court has jurisdiction over them. If you meet that requirement, then Florida will have jurisdiction to dissolve the marriage.

The challenging part comes with serving divorce papers on your spouse. They need notification you have filed for divorce so they can choose whether to participate or not.

If you know where your spouse is living outside the U.S., we can arrange to serve them. We might also serve them if you at least know their work address, and in some unique cases, a spouse can be served via email after we obtain an order from the court.

A common question is whether the Florida court will have jurisdiction over your spouse. If they are domiciled in Florida, then the answer is “yes.” But your spouse could claim that their domicile has changed since they are now living in a different country.

Let our firm review the facts. We can sometimes seek to have a Florida court judgment registered in a different country’s judicial system. That is one way to enforce the judgment against someone who is presently living outside the U.S. If they are living in a different state, then this step is easier.

We also want to analyze where most of the marital property is located. It might be in the U.S. or Florida, specifically. That can make the division of marital property easier because a Florida court has jurisdiction over assets within its borders. However, you might have a harder time forcing your spouse to pay alimony after divorce if they never return to the United States.

There are also complicated questions regarding child custody, especially if your child is living outside of the United States. Contact Hamilton O’Neill today to assist you to analyze what is the right court to file for divorce is your spouse lives outside of Florida in another state or country.

Connect with a Lawyer for a Consultation

Despite innovations in technology, the legal system is still based on territory. Florida courts sometimes have the power to end a marriage, but not the power to transfer foreign assets to you. Let us research the best path forward. Our firm has handled many cross-border divorces and understands this area of law like few other firms. Contact Hamilton O’Neill to speak with a Miami complex divorce lawyer.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html