How do I get a divorce from someone who has been deported? 28 Answers as of August 17, 2011

How do I get a divorce from some one who has been deported?

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Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
You will need to have your spouse served with divorce papers in the country to which he/she has been deported. Your spouse can then complete the papers (if an uncontested divorce) or file an answer (if a contested divorce) through the apostile at the US consulate. You should retain an experienced attorney with foreign law and/or immigration law experience to assist you.
Answer Applies to: New York
Replied: 8/17/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
If you know where the person lives, you can have him/her served by a marshal by mail. If you don't have a current address, you have to serve him/her by publication.,
Answer Applies to: Connecticut
Replied: 8/10/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Do you have their address? If no, you may have to give "alternate service" by leave of court. Consult with your favorite local family attorney to discern your rights and potential course.
Answer Applies to: Rhode Island
Replied: 8/6/2011
The English Law Firm
The English Law Firm | Robert English
File for a divorce. After you file, the other party must be served. If they cannot be located, then you can petition the court for service by publication. From that point, you can publish the summons and proceed by default if the other party does not respond.
Answer Applies to: California
Replied: 8/5/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You start by filing a petition for dissolution and have your spouse served.
Answer Applies to: Washington
Replied: 8/5/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    There are ways, but you will need a domestic relations attorney to assist you.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You ay either seek an agreement where they would sign off on papers allowing a divorce. You ay also have them served personally if you know where they reside and, if they do not respond, seek a divorce by default. You may also seek substitute service if you cannot locate them after a diligent search which may allow a divorce by default.
    Answer Applies to: Minnesota
    Replied: 8/3/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You may file for a divorce in the county where you reside. If you do not have an address for your spouse, you may request that they be served by publication.
    Answer Applies to: California
    Replied: 8/3/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    You file the Complaint and get service by publication. then after 60 days you can get a default judgment.
    Answer Applies to: Nebraska
    Replied: 8/3/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law the main complication will probably be getting that person served with the initial divorce documents. If you still know where they are, you should be able to arrange service there. If you are not able to locate them, you should be able to get the court's permission to serve them either by publication or by mailing to their last know address. Consult with an attorney in your area for more information.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    You can serve someone by publication.
    Answer Applies to: North Carolina
    Replied: 8/3/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    You can get him to sign and mail in papers or, if you cannot locate him, you can serve him by publication. Service by publication can be complicated. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    if the country has a treaty with the US you can have him served where he now lives
    Answer Applies to: Connecticut
    Replied: 8/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That depends on what country they are in and whether you can get them to cooperate. Some countries are signatories to the Hague Convention and unless the other party signs you may have to serve the person under the laws of that country. In some countries that is extremely difficult and expensive. If the party cannot be found, depending on the country, you may be able to serve by publication or may face other hurdles. Again, it will be easiest if they sign. Discuss this with your lawyer.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    The court where you are domiciled will still have jurisdiction over your status. You may file for divorce in Louisiana and have an attorney ad hoc appointed to represent your spouse's interest by trying to get notice to them wherever they are now located. While you can obtain a divorce, jurisdiction for support and other matters incidental to the divorce may be more difficult.
    Answer Applies to: Louisiana
    Replied: 8/3/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, you're going to have to make an effort to locate the other party and personally serve him or her. If that proves to be impossible, and you convince the court of that, then, you can ask the court for an order authorizing you to serve by publication. You have the summons published pursuant to court rules, and, then, the case proceeds more of less as a normal divorce.
    Answer Applies to: Washington
    Replied: 8/3/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    It is not difficult. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Basically, the same way you would if that person were still in Colo. If he/she is outside the US there are more logistical problems to accomplish service of the paperwork and that problem will be different for each country. If you are not able to accomplish personal service due to the international issues or if you don't even know where the person is, the divorce court can authorize service by publication in a local newspaper. Service by publication will permit the court to dissolve the marriage but it may not be able to do anything else (such as property division or alimony). You need to consult an attorney to determine your options after an analysis of all relevant information.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you know where they are, it shouldn't be a problem to get them served.
    Answer Applies to: California
    Replied: 8/3/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    You will need to proceed by default. Call a local family law lawyer for assistance, as it is a somewhat technical process.
    Answer Applies to: California
    Replied: 8/3/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You will need to serve them in the country where they are under the laws and rules of that country.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If they have been deported and you do not know their whereabouts and have tried to locate them, you can discuss service by publication with an attorney. If you do know where they are, you will have to get them personally served with the divorce papers. It can be done, but you need to hire a lawyer.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    You are still required to attempt actual service of process (and international service is much more complex than locally), but if there is no response, the entire case can be resolved by default.
    Answer Applies to: Nevada
    Replied: 8/3/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You serve him with the papers wherever he lives in the world. If a diligent search does not uncover his whereabouts you file a complaint for divorce and serve him with notice of the action for divorce by publishing once in the local newspaper of record.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a divorce lawyer to discuss your options. Provided you meet Georgia's residency requirements, you should be able to get it dealt with. Good luck!
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Have served in the country he was deported to.
    Answer Applies to: California
    Replied: 8/3/2011
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