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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31690
Experience:  JD, 16 years legal experience including family law
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Dear Sirs: I live out of the US, and my husband of under two

Resolved Question:

Dear Sirs: I live out of the US, and my husband of under two years informed me on July 27th that he filed to dissolve our mariage. I waited for the papers to com to me but never did. I just got some information that i could check online, and found thathe had filed in April of 2012.

Our local lawyers cannot do much because we were married in Florida and the papers are filed in florida. I am ina dilemma. What can I do next?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

Since the suit was filed in FL, you must defend there typically and the attorneys near you would not likely be familiar with the state's laws or be permitted to practice law in FL. Therefore, you would need to retain a FL family law attorney to represent you in this matter normally.

Unless you signed something waiving service of process, your spouse would normally be required to hire someone where you are located to personally serve you with the summons and petition. Since that has not occurred, you would not typically need to respond to the petition yet until you are properly served.

If the docket information you obtained does not indicate that anything has been filed in the case since he initiated the case, the court may ultimately dismiss the case for failure to prosecute and you would not need to take any action.

If the case is dismissed and you wish to obtain a divorce, you could file in your locality and retain local attorneys to represent you in the matter.

If it becomes necessary to retain a FL attorney, the state bar association can provide attorney referrals. Here is a link to their site:

http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

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Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Customer: replied 1 year ago.


That was truly excellent. in that case, i have not committed any legal breaches, or have not missed any time limits. is that correct?


 


Can my husband decide to remarry presently without further legal proceedings? if not, what I can i do to inform the courts if he wants to go ahead. ( i am learning that he is trying)


 


And finally. Can i still apply for a green card as a spouse of a US citizen?


 

Expert:  Tina replied 1 year ago.
Hello again, Cyrilla.

Thank you for the positive feedback.

Right, since you have not been served, there would be no basis for him to obtain a judgment in the case typically and he could NOT remarry until there were a final judgment since bigamy is not permitted in the states.

If he proceeds in the case as though you were properly served, then you need to retain a FL attorney to represent you in the matter and inform the court that you have not been served and should therefore refrain from entering any orders in the case.

I am not an immigration law attorney, so it would be best to consult with another attorney as to whether you could still apply for a green card where a divorce is pending.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Category: Family Law
Satisfied Customers: 31690
Experience: JD, 16 years legal experience including family law
Tina and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Tina, when does my service expire with justanswer.com?

Expert:  Tina replied 1 year ago.
Hello again, Cyrilla.

The site does not disclose account information to me as I am just a user of the site, like you, so please contact customer service with that question.

But please remember to provide me with a positive rating so I will be compensated by the site for my time.

Thank you very much and good luck to you.

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