QUESTION
My filipina wife lives in New York. I live in Florida. I want to divorce her. She is going to the Philippines soon. She will not agree to the divorce.
Asked on Jan 17th, 2020 on Divorce - Florida
More details to this question:
She went to live with someone else in New York and recently asked for a divorce. I agreed but she said she wants to do it in the Philippines But divorce is illegal there and she knows it. I'm sure she will not consent to the divorce here.. She is in the USA on a tourist visa and must leave the USA by April 2, 2020. We were married in 2016 in the Philippines. I want to divorce her for abandonment. .....We have no kids or assets together. I have two thousand dollars I will give to her so she can buy airfare etc.
2 ANSWERS
Child Custody Attorney serving Maitland, FL
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The optimal time to serve your wife with the divorce is before she leaves the country. She will be required to answer the Petition for Dissolution within twenty days. If she does not answer the petition, the Court can later file a default.
Answered on Jan 21st, 2020 at 8:26 AM
Hi Richard. Your situation is not a difficult one. Florida is a no-fault divorce state which means your claim of "abandonment" is irrelevant. Further, she does not have to agree. If just one of you want the divorce, it will happen. You do not need to prove anything to get divorced, just stand in front of the judge and state that your marriage is broken and cannot be fixed and you will get your divorce! File for divorce immediately and have her served before she leaves. Then if she leaves, you can go forward without her. I hope this helps. Good luck!
Answered on Jan 18th, 2020 at 9:47 AM