I have petitioned my wife for divorce, she served the papers and she has not responded so far. I can apply for a motion for default and apply for a hearing. Problem is that I'm not a resident of Florida. I have been living out of the country for the last 5 years and flew down to Miami just for the divorce.

A lawyer I consulted said that there is a possibility that the judge throws my case out because by her not responding I am the only party to the case and I'm a non-resident.

Is this true and if it is what recourse do I have.

Do you have proof of service? Is it valid? The judge may require you to go another step further if the other party doesn't respond. Is your lawyer from Florida?

Yes, I have proof from the licensed process server and its valid. What more can the judge ask for? Will he expect me to serve her again.

I don't have a lawyer. I filled in the forms myself using the family law self-help forms.

Hope my being a non-resident doesn't pose a problem

Thanks a ton

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Originally Posted by udaygupta

... Will he expect me to serve her again.

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No. She was duly served. Once is enough.

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Originally Posted by udaygupta

Hope my being a non-resident doesnt pose a problem.

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It shouldn't. She is a resident of Florida, right?

What is your state of residence (last place in U.S. where you resided)?

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Originally Posted by udaygupta

... A lawyer I consulted said that there is a possibility that the judge throws my case out because by her not responding I am the only party to the case and I'm a non-resident.
...

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That appears to be nonsense. For one thing, while she hasn't responded, she is a party to the case.

You said earlier that The judge may require me to go another step further. What did u mean by going another step?

Yes, she is a current resident. I have been living in India for the last 4 years. Before that in Miami. I can get a corroborating witness to certify that she is a resident.

This is a pretty uncomplicated case. No kids, no real estate, only bank accounts to split. Do I need to hire a lawyer to do this.

Thank You for your responses. This helps bolster my confidence.

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Originally Posted by udaygupta

... I have been living in India for the last 4 years. Before that in Miami. ...

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You may still be a Florida resident then, by-the-way. But as I say, it doesn't matter, because she is a resident.

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Originally Posted by udaygupta

You said earlier that The judge may require me to go another step further. What did u mean by going another step?

Yes, she is a current resident. I have been living in India for the last 4 years. Before that in Miami. I can get a corroborating witness to certify that she is a resident.

This is a pretty uncomplicated case. No kids, no real estate, only bank accounts to split. Do I need to hire a lawyer to do this.

Thank You for your responses. This helps bolster my confidence.

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I had said that. The reason being is that we don't know all the surrounding things that went with the service. So a judge before issuing an order may request that she be served again through publication if there has been no response to allow for more time. What that means is you would have to publish in a newspaper the notice.