Yes, you can usually file for divorce in Florida even if your spouse lives in another country, as long as you have lived in Florida for at least six months before filing. Your spouse then has to be formally served under the rules that apply in their country. An international family law attorney can guide both steps.
At Ilvento Law, we handle the added complexity of cross-border family cases with care. To talk through your situation, reach out to our team or call (407) 898-0747.
Can a Florida court handle your divorce if your spouse lives abroad?
In many cases, yes. Under Florida Statute 61.021, one spouse must have lived in Florida for six months before the petition is filed. If you meet that requirement, a Florida court can generally end the marriage, even if your spouse is overseas.
Ending the marriage and deciding everything else are not always the same thing, though. For issues like property division, alimony, or child support, the court may also need authority over your spouse personally. That can depend on facts such as whether you and your spouse lived together in Florida as a married couple.
Children add another layer. Custody questions usually depend on where the children have been living, so it matters whether they have been here in Lake Mary Jane or abroad.
Whether you live near Lake Nona Medical City or closer to Orlando International Airport, if your family has ties to more than one country, sorting out which court can decide which issue is one of the first things we look at.
How is a spouse who lives in another country properly served?
Your spouse must be formally notified of the divorce in a way the law recognizes, both in Florida and in the country where they live. Simply emailing the papers or sending a text is usually not enough.
The method depends on the country. Many countries, including Germany, are parties to the Hague Service Convention, a treaty that sets out how court papers are delivered across borders. That process can involve translating documents and sending them through the other country's designated central authority.
A client of ours knew her husband's favorite Bavarian bakery, but she did not know his current address. She showed us an old mailing label and found some messages about his move.
We sorted through what we could, then talked through how jurisdiction and formal service would work in her case. Small details like those can be the starting point for locating a spouse and serving them properly.
Getting service right matters. If it is done incorrectly, a judgment could later be challenged, which can mean starting parts of the process over.
What complications come with assets held overseas?
Assets abroad can be harder to identify, value, and divide. Bank accounts, real estate, retirement savings, and business interests in another country may follow different rules and paperwork than those in Florida.
Florida courts divide marital property under equitable distribution rules, but enforcing those decisions across borders can be complicated. A Florida order may need to be recognized by a court in the other country before it can be carried out there.
That is why we trace foreign bank accounts, appraise overseas real estate, and work with financial experts to value business interests that span more than one country. We also coordinate with foreign counsel when needed, so Florida orders can be recognized and enforced abroad.
If you know or suspect your spouse has assets overseas, write down what you know, even if it is incomplete. Account names, property addresses, employers, and old statements can all help. Learn more about our international family law Lake Mary Jane FL services.
How do timelines work when a case spans more than one country?
They often take longer. Translating documents, serving papers through a foreign central authority, and coordinating with lawyers in another country all add time to the process.
Time zones, holidays, and different court calendars can slow things down too. In some cases, one spouse may file in Florida while the other files somewhere else, which raises questions about which case moves forward.
Planning ahead helps. The sooner your case is organized, the sooner service can begin and the less likely it is that delays will pile up later.
If children are involved, there are added protections to know about. If a child under 16 is taken to or kept in another country without permission, the Hague Convention on the Civil Aspects of International Child Abduction may be used to seek their return.
Moving a child more than 50 miles away for more than 60 days also generally requires written consent from the other parent or a court order in Florida.
Why do cross-border divorces need an experienced international family law attorney?
Because the rules change at the border, and small mistakes can cause big delays. An experienced attorney knows how to establish jurisdiction, complete proper service abroad, and protect your interests in both countries.
Lauren M. Ilvento is a Board Certified Specialist in Marital and Family Law and has practiced since 1995. Our firm handles international disputes, including Hague Convention matters, foreign assets, and coordination with lawyers overseas.
We serve families across Lake Mary Jane, Moss Park, Split Oak Forest, and the Narcoossee corridor. When you meet with us, bring anything that helps tell your story, including addresses, messages, financial records, and documents from the other country.
Read more about our initial case evaluations and what to expect. It is one-on-one time with the attorney to review your situation and ask questions.
When you are ready, contact Ilvento Law or call (407) 898-0747 to schedule your initial case evaluation.