This is the next post in my series on filing for divorce in Melbourne or other Florida areas when at least one spouse is not a resident of the state. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are considering ending a marriage. It is important that you speak with counsel as soon as possible as divorces, which cross state lines, can involve complicated issues of fact and law. In this article I will discuss whether a non-Florida resident can initiate a divorce proceeding inside our borders. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
One may file for divorce in Florida if either spouse has been a resident of the state for at least six months
Florida requires that either of the spouses have lived in the state for at least six months prior to the filing of divorce proceedings. This means, for example, that a non-resident of the state may file for divorce here if their spouse has already lived in the state for the last six months. Situations such as this may arise if the parties have already separated and one of the spouses moved to Florida after the separation. While one may initially think that it is advantageous to file for divorce where they live, there may be reasons to file your case in Florida if you are out of state and eligible to do so. Such reasons include the fact that Florida’s spousal support laws are more favorable to the paying party than those of some other states. Also, if the case involves children then you may need to file in our state if Florida would have jurisdiction over them. Whether or not it is best to file in one state or another is an issue that should be discussed with an attorney.
It is important to understand that even though you may be eligible to file your case in Florida, the Judge may decline to hear your case if jurisdiction is challenged. Consider the following example. Jack and Jill have two children and they separate while living in Texas. Jack moves to Florida and the children remain behind with Jill. Jill files for divorce in Florida a year later, since Texas is known to rarely grant spousal support. The parties own a home in Texas. Jill may file a case in Florida, since Jack has been in Florida for more than six months. Texas, however, would have jurisdiction over the children and the parties own real property in Florida. Jack may file a competing divorce case in Texas and seek to have the Florida case dismissed on the grounds that it is an “inconvenient forum.” The Court may well grant Jack’s request under these facts. While how the Court will rule will always depend on the specifics of the matter, this example shows that the decision of where to file can be nuanced.
Contact a Melbourne divorce lawyer to determine if filing in Florida would be in your best interests
If you live outside of Florida and are considering filing for divorce in our state then it is suggested that you speak with an attorney as soon as possible about your situation. Counsel will help you to determine whether a) moving forward with an action in our state is viable and b) whether or not you may reach a more favorable outcome in your home state. The determination of where to file will be based on your particular circumstances, your particular goals, and the facts of your case. I am a Melbourne divorce lawyer who practices solely in the area of family law. I understand that these are important decisions and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. I look forward to speaking with you.
We also serve clients in Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.