Legal Question in Family Law in Florida
Dear Sir,
My question is: I am an American citizen married to a foreign national in his country. I leave apart from my husband for a year in the USA now. Can I file for divorce and get it in the USA without my husband present if I do not have any reasonable way to contact him at this time. What do I need in order to do it successfully. If you do it for me how much would it cost?
Best regards,
Ms. M
2 Answers from Attorneys
Yes, you may be able to get a divorce but you will need to provide constructive notice if you have no way of reaching your husband. For a free consultation, please contact my office at 1-800-408-5818 or email me at [email protected].
While you can get a divorce without having to serve the other party, it is somewhat difficult to do, and it will probably cost more than just doing a regular uncontested divorce. You will have to strictly comply with statutory requirements, which include running an newspaper advertisement. I strongly suggest locating him so that he may be properly served. If you don't, amongst other things, you will have to file an Affidavit of Diligent Search, which requires you to certify that you put forth much effort attempting to locate him. Additionally, if he isn't served, the only thing the Court can do is to say you are divorced. The Court will not be able to divide any asset/debt, or made any decision regarding children.
My usual retainer for most uncontested divorces is $2,200.00, which includes the $408.00, Court charged filing fee and local service of process. If we need to accomplish service by publication, you will be responsible for the additional cost of the advertisement.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
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