QUESTION
Can I get a divorce if my husband moved to another country?
Asked on Nov 29th, 2013 on Divorce - Florida
More details to this question:
I have been married since August 2012. I live with our four year old son. My husband is moving to Brazil next year. We are separated, meaning I moved out of our home this summer 2013. My husband is a Brazilian citizen and I am an American citizen. I want to know if he does move earlier than planned like he is now saying he wants to, am I able to still get a divorce even with him out of the country? I went to file for divorce but when he was served with his, he ripped them up and is refusing to get a divorce because of possible court costs ( I do not have a job nor any money since he was the 'bread winner' in our home) So now I am nervous he will jump on a plane and disappear before we get a divorce while he is still here.
8 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Tell him tough. He was served, the process server should have filed an affidavit of service and the time for your husband to respond has probably run. In that case, you can ask the court to enter a default and ask for a default judgment. Now, if you served him, the service is not good. It must be a third party doing the service. Of course, if you had an attorney, he or she could help you sort through these issues.
Answered on Dec 04th, 2013 at 3:57 PM
If he was given the paperwork then he was served and you can proceed with the dissolution without his cooperation. You should consult a family law attorney or facilitator to assist you.
Answered on Dec 04th, 2013 at 3:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you filed the paper you already have an active case. See an attorney now.
Answered on Dec 03rd, 2013 at 5:02 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Under Texas law, if he was in fact served, his tearing up the papers means nothing and you can proceed with your divorce. If he hasn't filed a response to your divorce petition in court, he's in default and you can get your divorce without his help after 60 days have passed from the filing and 20+ days have passed from his being served.
Answered on Dec 03rd, 2013 at 5:01 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The fact that he refuses is meaningless. If you filed a divorce a court will grant it. If ninety days pass and he doesn't respond after being properly served, you can get a decree by default. You also need to get a job since each of you will have a duty of child support and he will not have to pay maintenance after such a short marriage. If you haven't already filed a proposed parenting plan do so. The best thing would be to make a motion for temporary orders to get a temporary parenting plan and order of child support established immediately.
Answered on Dec 03rd, 2013 at 5:00 PM
Yes. You can file for divorce if you have lived in California for at least six months and in your county for at least three months. If he is gone there are ways to serve him by mail or publication. See a good family law attorney or a paralegal who is familiar with family law
Answered on Dec 03rd, 2013 at 5:00 PM
Since you already had him served with the Petition and Summons, he cannot stop the divorce by not showing up or tearing up the paperwork. You just do what ever it is you need to in order to proceed with the process and all will be well.
Answered on Dec 03rd, 2013 at 5:00 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Short answer is Yes, talk to your county Legal Aid office.
Answered on Dec 03rd, 2013 at 4:59 PM