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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37855
Experience:  Attorney with 16 years experience
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What is required to get a divorce in FL when I dont know where

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What is required to get a divorce in FL when I don't know where my husband is, when we have had no contact in 10+ years? I am now living/working in Korea.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Will you be returning to the FL to file for divorce?
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How long have you been overseas?
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Are you still a resident of FL?
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Thanks
Barrister
Customer: replied 4 years ago.


I've been overseas for 13 years - I use my son's address in Orlando - but he is moving to NY, so I will not be returning to FL unless I have to appear for the divorce.

Ok, the first problem would be that you are no longer a FL resident. You have to be a FL resident for at least 6 months before you can file there for divorce.
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Now, ignoring that, you would have to return to FL to actually file the divorce petition and appear in court for any hearings. There are typically 2-3 separate hearings. Once the case is filed, you have to appear at an initial hearing to show proof that you have been able to serve your spouse the legal summons and complaint or to ask if you can attempt "service by publication". This is where you put an ad in the paper for a certain amount of time, usually once a week, for 3-4 weeks to obtain legal service so the divorce can proceed on as a default divorce.
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Once you have gotten permission for service by publication and complied, you then return to court and notify the judge and then ask for a default judgment of divorce.
Assuming that there are no minor children or assets, then it should be a matter of just going through the motions of filing the petition, trying to locate husband to serve him, notifying the court you can't and asking permission for service by publication, notifying the court you have complied, asking for the default divorce, and then having the court order it.
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Thanks
Barrister
Customer: replied 4 years ago.

Since I am no longer a resident of FL how can I get a divorce?

You would have to either re-attain residency by living in FL for 6 months or would have to pursue a divorce under Korean laws. You might also be able to contact the US Consulate in Korea to see if they could assist with getting a divorce as they help servicemembers get divorces on a regular basis and will be familiar with the particular procedures.
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With that said, if you have always maintained an address in FL, it is unlikely anyone would inquire too closely into this if you claimed you had an address in FL and were temporarily out of the country....
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But you would have to make multiple trips back to FL for the hearings. So financially, it might be better to pursue a divorce under Korean law...
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Thanks
Barrister
Barrister and 3 other Family Law Specialists are ready to help you