Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jun 2017
    Posts
    1

    Default Can You Use Simplified Divorce Procedures if Your Spouse Lives Abroad

    My question involves a marriage in the state of: Florida

    I am divorcing someone that lives out of the country, I live in FL and we have no children or property and she is willing to sign with no problems. My question is about what to send her. If I try to use a simplified dissolution of marriage in Florida, it has a space for both of us to sign and agree but (it says that both MUST attend the final hearing) and I don't think that is an option. If I use a regular dissolution of marriage it has nowhere for her to sign and agree to the terms. Can she just write an answer to the regular dissolution of marriage and have it notarized at her US Embassy, or would it be better if she fills out an answer and waiver form to relinquish her rights to have to show up in court at the final hearing if we use a simplified dissolution of marriage form?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Use Simplified Divorce Procedures if Your Spouse Lives Abroad

    If you and your spouse cannot both be at the final hearing, you cannot use the simplified proceeding and must file a regular divorce petition. Even though you can get the documents signed by her while she's abroad, that is not sufficient to get past the requirement that she appear in court. See Rule 12.105 governing simplified divorce procedure, "The parties shall appear before the court in every case and, if the court so directs, testify".

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Divorce for an International Couple When One Spouse Lives Abroad
    By pipan in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 03-09-2017, 09:39 AM
  2. Divorce: Can a U.S. Permanent Resident Divorce a Spouse Who Lives Outside of the U.S.
    By lawfacts in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 02-10-2017, 06:45 AM
  3. Divorce: How to Divorce a Spouse Who Lives Abroad
    By lawfacts in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 12-17-2016, 09:57 PM
  4. Divorce: Divorce Procedure for Someone Who Lives Abroad
    By josh2014 in forum Divorce, Annulment and Separation
    Replies: 8
    Last Post: 07-28-2014, 08:17 PM
  5. Divorce: Foreign National, Married in the U.S., Divorcing a Spouse Who Lives Abroad
    By jmeyer191 in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 06-07-2014, 11:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources