How Can I Divorce My Spouse After They’ve Been Deported?

It is possible, but complicated, to get a divorce from your spouse after they’ve been deported. In this article, the Tampa, FL, divorce lawyers at Westchase Law, P.A., will discuss some of the complications related to getting divorced from a deported spouse and how to overcome them.

Residency requirements 

To get a divorce in Florida, you must have lived in Florida for at least six months prior to filing divorce papers. You must then file the divorce petition with the clerk of the circuit court in the county where you currently reside. In Tampa, that would be the 13th Judicial Circuit Court.

Serving divorce papers 

If you know your spouse’s location abroad, you will need to serve the divorce papers according to the laws of their country or through the Hague Service Convention (if the country is a party to it). This can involve working with an international process server, a lawyer, or a government agency in the country.

If you don’t know your spouse’s location, you must perform a diligent search to locate your spouse, while documenting all the efforts you made to seek them out. Efforts can include checking with the post office, contacting relatives, or searching public records. You will then need to file an Affidavit of Diligent Search and Inquiry with the court, detailing your efforts.

If your efforts fail, you can proceed to service by publication. This involves publishing a Notice of Action in a newspaper of general circulation in the country where your former spouse resides for at least four consecutive weeks. The newspaper will provide proof of publication, which you can file with the court.

What if my spouse doesn’t respond to the service by publication? 

If your spouse was served either personally or through publication, they only have a limited time to respond to your divorce papers. They will only have 20 days after personal service or 28 days after newspaper publication to respond to the divorce petition.

If no response is filed, you can then file for a Default, and the court will proceed with the divorce in their absence.

Contested versus uncontested divorce 

If your spouse agrees to the divorce or does not respond in the allotted time, and there are no remaining issues related to child custody or marital property, then the divorce can proceed with minimal court involvement.

However, if your spouse responds to the divorce and disputes the terms, the case will need to be either mediated or proceed to court. If it proceeds to court, a trial will be held to resolve issues such as child support, child custody, alimony, and property division.

Talk to a Tampa, FL, Divorce Lawyer Today 

Westchase Law, P.A. represents the interests of Tampa residents who are pursuing a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.