Blog

Looking to Get a Divorce but Live Out of the Country. Can You Get Divorced Without Physically Returning to Florida if That’s Where You Got Married?

Divorce tends to be complex. But when divorce moves across state lines or beyond international borders, things can get even more topsy-turvy. If you’re living out of the country, but your soon-to-be-ex lives in the states, you may be wondering what exactly your divorce proceedings will look like. Here’s a few key points on the way foreign divorce works.

Generally, if you were married in Florida, and your spouse still lives in Florida, then Florida would have jurisdiction over your divorce. You can start divorce proceedings in a foreign country, but US courts will not enforce or recognize a foreign divorce unless the corresponding party receives adequate notice of the divorce proceeding. That means that in order for a Florida court to recognize your foreign divorce as valid, you must first have been living in that foreign country at the time of the divorce; and secondly, your spouse in Florida must have been formally delivered timely legal notice of the divorce proceedings.

Another fact to consider is that, although you don’t have to return to the state in which you were married to get divorced, if you do divorce in Florida, you will have to go back to Florida if you should wish to make any changes to the divorce settlement (on issues such as child support, alimony, etc.) after the divorce is finalized.

Remember, things can vary from case to case as no two divorce proceedings are alike. A lawyer can help you assess your options and help you determine which solutions best suit the particulars of your case. If you have further questions about interstate divorce, or divorce across international borders, consult with an experienced divorce or international law attorney to ensure that your divorce is within legal standards and that your rights are protected.

This post was written by David Hurvitz. Follow David on Google+.