Foreign Nationals and U.S. Divorce

Dear Realtor,

Over the many years that I have practiced law, I have had many foreign nationals come to me for assistance not only in their immigration matters, but at times, for assistance in obtaining a divorce. The requirements for a foreign national to get a divorce in Florida are identical for those requirements for a U.S. citizen. They must be able to show that they have lived in Florida for at least six months prior to the filing of the Petition for Dissolution of Marriage. They also must comply with Florida’s divorce laws and make arrangements for child support, parenting plans, as well as other requirements. The other spouse must be given proper service of the divorce, and if the other spouse is also a foreign national who is not currently residing in the United States, the service of the divorce can be more complex.

As early as the day after a divorce has been finalized, the divorced individual may remarry should they wish to do so. This is assuming they were so foolish. Some attempt to remarry for immigration purposes. In a case such as this, the immigration authorities would heavily scrutinize the date of the divorce and the date of the new marriage.

As always, please feel free to contact me if you have any questions on this or other legal issues.

Sincerely,

Don Gonzalez, Esq.