Legal Question in Family Law in Florida
I am currently separated and have been since July 2014 when my husband walked out. He has since gone to a job in the Bahamas the last I have heard from him and he had stated his lawyer would initiate the divorce while he was away. I want to get the divorce as quickly as possible, do I have to wait for him to initiate it since I do not know where he is or how long he will be gone for?
2 Answers from Attorneys
You do not have to wait for your husband to initiate the divorce- you can file for dissolution of marriage. However, if you do not know where he is in order to serve him with copies of the pleadings you file it will make the process much more costly, difficult, and time consuming.
You have the absolute right to proceed with the dissolution. The issue may become service of process on him. Since he is in a foreign country you must comply with the Geneva/Hague Convention on Service of Process, the exception is if he agrees to accept the service.