If you have a limited divorce for 2+ years and your refuses to sign a complete divorce what can you do?

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Got a Limited divorce in 2009 and my spouse moved back to brazil and now refuses to finalize a complete divorce because she is not a citizen.

Attorney Answer

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Vance Redmond ·
The non-moving party's attendance at the final divorce hearing is not required. Therefore, if you can get her properly served, the process can proceed, with or without her presence. You'll file a Supplemental Complaint for Absolute Divorce. You'll need to have it served upon her in Brazil which should be accomplished through a reputable service providing international service of process. If you're unable to serve her because she's avoiding service, you can serve it by "posting." Once she's been served, she must file an Answer to your Supplemental Complaint. If she doesn't, you can file for default. If the Court denies "default" the case proceeds in the ordinary course to a hearing where you present your case and your corroborating witness and you get a divorce. Because of the international issue, you'll need the assistance of an experienced divorce attorney.
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