This is the final post in a series of articles discussing the process by which Las Vegas residents may file for divorce when their spouse is not in the country. My previous post discussed how a divorce is resolved through litigation under such circumstances. Generally speaking, so long as the party who is out of the country requests permission from the Court in advance, they will be permitted to participate in hearings and a trial by phone or video conference. Otherwise, the divorce litigation will proceed similarly to litigation when both spouses are physically present. It has been my goal in this series to provide information to assist individuals who may be in this situation and not know their legal options. If you need assistance then contact my office today to speak with a divorce lawyer.
This series addressed the following key topics:
- How to serve a spouse with legal process when they are out of the country
- Resolving a case when the matter can be settled
- Resolving the case when the other party is in default
- Resolving the case when litigation is necessary
I felt it was important to write this series for several reasons. First, if a person’s spouse has relocated out of the country, filing for divorce may seem like a daunting task. While serving the other party when they are abroad can be complicated, there is a process in place for doing so. It is important that you retain a lawyer who can help comply with the state’s requirements for serving the other spouse properly. Second, settlement is often the best option for both parties in a divorce. This is true whether both spouses are in the US or one spouse is out of the country. Third, after a person is served with a divorce Complaint, they are required to respond in a certain period of time or they will be considered to be in “default.” This is a particularly common occurrence in international divorces when the precise location of a spouse may not be known. Under such circumstances, there is a process in place to finalize the divorce without the defaulting party’s participation. Finally, when a divorce cannot be settled, the case will proceed to litigation. When a spouse is not available to attend in person because they are out of the country, the Court will allow them to participate via videoconference or phone. Litigation can become complex and contentious. Your attorney can assist you through the process.
If you need assistance with an international divorce, contact my office today to speak with a Las Vegas lawyer. I have dedicated my practice to family law matters and take pride in providing the highest level of customer service to my clients. Contact us today to talk to an attorney.