Divorce With Spouse In Another Country

by Grace from Fort Lauderdale, Florida, Broward County

Divorce With Spouse In Another Country:
My husband lives in Haiti, is there a special form I need to us. We have no children or property. My husband and I have been married for almost 12 years and I want a divorce.

However he lives in Haiti. We have no children or property. What forms do I need to file?

Answer to Florida Court Forms Florida Divorce Question

Dear Grace,

You can file a Petition for Dissolution for Marriage, Florida Supreme Court approved form 12.901(b)(3). Have a look at our web-powered instructions page for Form 12.901(b)(3)

You can mail him the Petition and accompanying forms; and providing he responds within twenty calendar days your case will likely continue.

However, since he is in another country you may use constructive service instead. Constructive service is advertising your intent of a legal action, rather than having the other party served personally with documents.

Instructions for that form, which is available on the Florida Supreme Court's website at www.flcourts.org, include the following explanation of constructive service:

For your case to proceed, you must properly notify your spouse of the petition. If you know where he or she lives, you should use personal service.

If you absolutely do not know where he or she lives, you may use constructive service. You may also be able to use constructive service if your spouse resides in another state or country.

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.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
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Fully Interactive & Complete Forms Packet for Divorce with No Children or Property. All forms are interactive and properly formatted in PDF and includes resources and filing procedures with easy to follow checklists, and much more.
Divorce No Children

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