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I need to get an uncontested divorce, but my spouse lives in…

Customer Question
I need to get...

I need to get an uncontested divorce, but my spouse lives in another country. I'm not sure what to do

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NC

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's all. I just need to know how to proceed since he lives out of the country.

Submitted: 7 months ago.Category: Family Law
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12/4/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
you may review my question.
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. Fortunately, even if your spouse lives in another country, then there is not much you would do differently aside from what you would do if they lived in a different county or a different state. Usually, you need to serve paperwork, on the other party in a divorce; however, sometimes their being out of the country may make things more difficult. The bright side is that to serve documents, you only need someone who is over 18 and not a party to the case to serve the documents on the other party. '

This means for you that all you need to do is find a family, friend, or a service where they live to serve them the documents. If you go to www.thumbtack.com, you can potentially hire a process server. I'm not sure if they do anything outside the U.S., but it could be of some help. Craigslist is a good place to start as well. Either way, so long as they are over 18 and not a party to the case, you can have that person served. The person will of course still be required to attend court as needed, but that is not your problem.

What other questions did you have for me?

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Customer reply replied 7 months ago
if I understand properly, I can send their paperwork to a family friend here in the US or a place outside of the US in his country that will sever him? He lives in Brazil and was deported. I don't know if he still has family or friends here. Is there any other way in case he does not and I don't have a way to serve him papers?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

That is correct. Even if you give the papers to someone in your state, they fly to Brazil, and hand the person the papers, then service will be complete. As far as whether there is any other way to do it, that depends heavily on your local court. Some courts allow for service of process by fax or by mail, which may make it a bit easier; however, every county has different service rules and every state has different service rules as well. I would check with the court clerk to find out for sure. You'll still need someone who is over 18 and not a party to the case to technically serve him, even if it is electronically, but I would verify whether this is something you can do. In many southern states, it's usually not the case because of tradition, but some places may be a bit more progressive on that. I wish I could tell you for sure, but even courts in the same county may have different service of process rules so I couldn't tell you with 100% certainty. What other questions did you have for me today?:-)

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Customer reply replied 7 months ago
When you say I give the papers to someone in my state and they fly to Brazil to give the papers to him, will he have to sign something? What proof is needed that he received the papers? His signature?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Good question. Someone who is responsible for serving papers will generally have to sign a "Certificate of Service" which proves when, where, and how they served the documents. If you click here, you can see an example.

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Customer reply replied 7 months ago
I'm sorry I am a bit confused on the person who is eligible to serve papers. Does this have to be someone official or can this be a friend of his that is going back there to visit?
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

No, it doesn't have to be anyone official. It just has to be anyone who is over 18 and not a party to the case. It can be a friend, your mom, someone you hire, a college student, a neighbor. Literally anyone who is not you and is an adult.

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Did you have any other questions for me?

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