14 Oct Can I File for Divorce From a Person That Was Deported?
Divorce can be a complicated process, and it is only made more difficult when your current spouse has been deported. This might seem like an impossible situation, and you might feel you will never get a proper divorce, but you really should not worry. The process for a divorce is largely the same even if your spouse has been deported.
The first step you will need to take is the same regardless of your situation, but the means by which you move forward with it depends on whether or not you are in contact with your spouse. When seeking a divorce, both individuals involved in the marriage must be aware that a divorce is being sought. In some cases, though, a spouse that has been deported loses contact with the other spouse – sometimes simply disappearing. In these cases, a good faith effort must be shown by the other spouse that they tried attempted to provide notice to the other spouse that the divorce process has been initiated. This can be done by a form of substituted service of process (running an advertisement in the newspaper, etc.). If a good faith to effect service effort can be proven to the court, yet contact with the other spouse is still not established, then divorce proceedings can move forward without the other spouse.
In other instances, though, the spouse is reachable. In these cases, the divorce can still move forward as usual, but the process can be much a bit more complicated. It is necessary for the spouse that has been deported to be served with the summons and divorce petition, and you will need a process server that is located near your spouse to serve him/her.
Ultimately, though, you need not despair. If your husband/wife has been deported, and you want a divorce, then you can get one even if you are not not still in contact with your spouse. If this is a situation you find yourself in, consider speaking to an attorney about what steps you need to take to make sure your divorce goes through.