QUESTION

Does she need to return to respond or during the divorce process?

Asked on May 02nd, 2015 on Divorce - Florida
More details to this question:
My spouse was just served with divorce papers. She is now living in another state. The divorce is messy and contested. We do have three minor children that she has not supported for over one year.
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6 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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In order to answer that question, much more information would need to be known in order to determine whether your state has jurisdiction over her. You need to consult with an attorney.
Answered on May 07th, 2015 at 1:32 AM

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Generally, it will depend upon the types of issues in dispute in your case. In many instances, parties reach an amicable resolution and only one party has to physically appear before the court for the final hearing. In contested matters, it is often necessary to appear to testify at hearings, at depositions, and at trial, though it is sometimes possible to appear at depositions, hearings and other proceedings via telephone, computer (e.g. Skype, Yahoo video chat, etc.), video link, etc., and much will also depend upon whether she is represented by counsel. You should consult with your attorney to discuss the specifics of your situation and your options.
Answered on May 06th, 2015 at 12:12 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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She does not need to return to respond to the divorce papers. She can do that from where she is. You need to get an attorney. This will not be the only question that you are going to have, and it is best to have a local attorney on your side for matters like this.
Answered on May 06th, 2015 at 11:03 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Talk to your attorney. Some matters require her physical presence, others do not. The Judge makes the final decision. In my jurisdiction I have had appearances, and trials, vis telephone and Skype.
Answered on May 06th, 2015 at 11:01 AM

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John Arthur Smitten
She is required to respond if not then apply to the court for a default. Use of a lawyer is recommended.
Answered on May 06th, 2015 at 9:59 AM

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Whether or not she returns should not stop you from moving forward with your divorce. If she does not respond to the divorce papers, you may proceed to file a default against her and request the Court to award you what ever property and custody of the children you desire. Good luck.
Answered on May 06th, 2015 at 9:07 AM

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