By Attorney Francis M Boyer Last fact-checked: April 2026
By Attorney Francis M. BoyerSummary: You can file for divorce in Florida even if your spouse lives in another country. The process requires meeting Florida’s six-month residency rule, serving papers through international channels, and understanding what Florida courts can and cannot order when your spouse is abroad. An international divorce attorney can help you work through the jurisdictional and service challenges specific to your case.
Key Takeaways:
- Florida residency: You only need six months of Florida residency to file for divorce, no matter where you got married or where your spouse lives now.
- Jurisdiction limits: Florida courts can end your marriage, but they may not be able to divide foreign assets or order support without personal jurisdiction over your spouse.
- International service: Serving divorce papers overseas follows specific methods under the Hague Service Convention, and the process can take several months.
- Default judgment: If your spouse does not respond after proper service, the court can finalize the divorce without their participation.
- Custody protections: Florida follows the UCCJEA for custody jurisdiction, and the Hague Convention on International Child Abduction guards against one parent relocating children across borders during the case.
Your spouse is in another country. Maybe they moved back home after the relationship fell apart. Maybe they never came to the United States. Either way, you’re in Florida, and you need a divorce.
You’re not alone in this. According to the U.S. Census Bureau’s 2023 American Community Survey, more than one in five Florida residents was born in another country. That 21.1% figure is among the highest in the nation. International marriages are common here. So are the international divorces that sometimes follow.
The good news: you don’t have to return to the country where you got married. You don’t need your spouse to agree. Florida’s international divorce laws give you a clear path forward, even when your spouse is thousands of miles away.
Can You File for Divorce in Florida If Your Spouse Lives in Another Country?
Yes. If you have lived in Florida for at least six months, you can file here. It does not matter where you got married, where your spouse is now, or whether they agree. Florida’s residency requirement is the only threshold.
The Six-Month Residency Rule
Under Fla. Stat. § 61.021, one spouse must have been a Florida resident for at least six months before filing. Proof of residency can include a Florida driver’s license, voter registration, or a lease in your name. You file in the circuit court for the county where you live.
It Does Not Matter Where You Got Married
Many people believe they need to return to the country where the ceremony took place. That isn’t true. Florida courts can dissolve any marriage, regardless of where it was performed. If you meet the residency rule, you can file. The bar for getting started is lower than most people expect.
Jurisdiction: What Florida Courts Can and Cannot Do
Filing for divorce and getting the full result you want are two different things. Florida’s international divorce laws draw a line between two types of court authority. The difference matters more than most people realize.
Divorce Jurisdiction vs. Personal Jurisdiction
Divorce jurisdiction is the court’s power to end the marriage itself. Florida gets that power from your residency alone. Personal jurisdiction is different: it’s the court’s authority over your spouse specifically. That requires your spouse to have some meaningful connection to Florida. Living here previously, owning property here, or doing business in this state can create that connection.
Why This Changes What You Walk Away With
Without personal jurisdiction over your spouse, the court can still dissolve the marriage under Fla. Stat. § 61.052. But it may not be able to order alimony, divide overseas assets, or enforce support payments directly. You can end the marriage. The financial terms may be harder to settle.
It’s also worth knowing that Florida eliminated permanent alimony in 2023 under Fla. Stat. § 61.08. Alimony awards are now limited to bridge-the-gap, rehabilitative, and durational forms, with caps tied to the length of the marriage.
That changes the math in any divorce filed after July 1, 2023. An international divorce attorney evaluates these jurisdiction and alimony issues before you file, so there are no surprises later.
How to Serve Divorce Papers to a Spouse in Another Country
Serving papers internationally is the most time-consuming step in this process. (This is often the longest part of the entire case.) Your international divorce attorney will determine which service method applies based on the country where your spouse lives. Each country has its own rules for accepting legal documents from a foreign court.
Service Methods Under the Hague Convention
If your spouse lives in one of the 84 countries that are parties to the Hague Service Convention, the treaty’s framework applies. The most common method is the central authority service. Your attorney sends the documents to a designated government office in the foreign country, and that office arranges personal delivery to your spouse. This route often takes three to six months.
Other options include international certified mail, service through a local agent in the foreign country, or a waiver of service. The waiver is the fastest and cheapest path. If your spouse is willing to accept the papers voluntarily, it saves months of waiting.
When You Cannot Find Your Spouse
If you don’t know where your spouse lives, Florida courts allow service by publication as a last resort. You publish a legal notice in a newspaper and file proof that you made reasonable efforts to locate your spouse. The court can then move forward with the case.
But service by publication comes with a trade-off: the court’s authority to order property division and support may be limited until your spouse can be properly served. That limitation is worth knowing about before you start.
What Happens After You File for an International Divorce in Florida
Once your spouse has been served, the case moves in one of two directions. If they respond, you work toward a settlement or prepare for trial. If they don’t, the court can enter a default judgment and finalize the divorce without their participation.
If Your Spouse Responds
Cooperation simplifies everything. When both spouses agree on the major terms, the case can proceed as an uncontested divorce. You negotiate a marital settlement agreement and submit it for court approval. Even with a cooperative spouse, though, international elements add time. Dividing assets in multiple countries or arranging custody across borders is more complex than a standard Florida case.
If Your Spouse Does Not Respond
When a foreign spouse ignores the proceedings, the court can enter a default judgment once the response deadline passes. The marriage ends. But the default has limits.
The court can address property within Florida and within the United States. Dividing overseas assets or ordering direct support against someone who never appeared is a different situation entirely. International divorce laws allow the court to proceed, but the scope of its orders depends on the type of jurisdiction it holds.
An international divorce attorney can tell you in advance what a default judgment is likely to cover.
Protecting Your Children During an International Divorce
Custody jurisdiction in Florida follows the UCCJEA, codified in Fla. Stat. § 61.514. Your child’s home state, meaning the state where they’ve lived for the past six consecutive months, generally controls custody decisions.
The bigger concern for many parents is the risk that one spouse will take the children out of the country during the divorce. The Hague Convention on International Child Abduction provides a framework for returning wrongfully removed children.
Your attorney can petition a Florida court for emergency orders preventing international relocation while the case is pending. If custody is part of your case, raise it with your international divorce attorney early.
Talk to a Jacksonville International Divorce Attorney About Your Case
You came here because your spouse is in another country and you weren’t sure where to start. Now you know the path: Florida gives you the ability to file, serve papers overseas, and move forward even if your spouse never responds.
The part that’s harder to handle alone is getting the details right. Jurisdiction questions, service requirements under international divorce laws, and enforcement across borders all leave room for mistakes that cost you time and money.
Boyer Law Firm handles international family law matters from offices in Jacksonville, Miami, and Orlando. The firm is led by Francis M. Boyer, one of only 43 Florida attorneys who hold Board Certification in International Law from The Florida Bar.
He also authored the chapter on international family law in The Florida Bar’s International Law Deskbook. That credential matters here: Florida is the only state in the country that offers specialty certification in international law.
At Boyer Law Firm, we help clients navigate cross-border divorce, custody, and property issues under Florida’s international divorce laws.
Contact Boyer Law Firm to schedule a consultation. You don’t have to figure this out on your own.
FAQs About International Divorce in Florida
Does Florida recognize a divorce that happened in another country?
Generally, yes. Florida courts will recognize a foreign divorce decree if it meets the legal requirements of the country where it was granted and both parties received proper notice. If there are questions about due process, a Florida court can review the foreign judgment before accepting it.
How long does an international divorce take in Florida?
Timelines vary based on complexity and cooperation. International service of process alone can add three to six months. If your spouse responds and the case is uncontested, you might reach a final judgment in six to nine months total. Contested international divorces can take a year or more.
Can a Florida court divide property located in another country?
Not directly. Florida courts have authority over property within the state and can address U.S.-based assets. Enforcing a court order against property in a foreign country requires cooperation from that country’s legal system. This is one reason personal jurisdiction over your spouse matters so much.
What is an apostille, and do I need one for my international divorce?
An apostille is a certificate that authenticates a legal document for use in another country. If your spouse’s country is a member of the Hague Apostille Convention, you may need one on your Florida divorce decree for it to be recognized there. Your attorney can arrange this after the divorce is finalized.
Do I need a lawyer for an international divorce in Florida?
Florida doesn’t require you to hire a lawyer. But international divorces involve jurisdictional questions, treaty-based service procedures, and cross-border enforcement issues that are very difficult to handle without help. An international divorce attorney with experience in Florida’s international divorce laws can look out for your interests and keep the process moving.
