If I’m getting divorced but my husband moved out of the country, how will this affect the process?

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If I’m getting divorced but my husband moved out of the country, how will this affect the process?

I married 3 years ago and my husband went back to Colombia 6 months later. We have been separated ever since. I have his current address in Colombia and he is willing to sign all the paperwork.

Asked on February 29, 2012 under Family Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your husband is willing to sign all the paperwork, there shouldn't be any problems with filing the documents with the court.  Your husband can be served by notice and acknowledgment of receipt which is a form that he signs acknowledging that he received each document.  Ask the court clerk for the court form for service of process by notice and acknowledgment of receipt.

If there are any court appearances, your husband can participate in the hearing by telephone.  Ask the court clerk for the form for requesting a telephone hearing.  Your husband will need to sign and that document requesting a telephone hearing will need to be filed with the court a certain number of days before a hearing.  The filing deadline before a hearing for requesting a telephone appearance varies from state to state.  The court clerk can tell you how far in advance of a hearing the request for a telephone hearing needs to be filed.


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