This is the next article in my series on filing for divorce in the state of Florida when one of the spouses does not live in our state. My last article discussed filing for divorce as a non-resident of the state. One may file a case in our state if their spouse has lived here for at least six months, but there may be disadvantages to doing so. Discussing your situation with an attorney can help you to determine the best path forward. In this article I will discuss how one may gain residency so they may file in our state. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
A divorcing spouse may become a Florida resident by residing in the state for six months prior to filing
Florida requires a person to be a resident of the state for at least six months prior to filing for divorce in our state. This means that if one moves to Florida then they may file for divorce six months later. It is important to understand that the Court will only consider someone a “resident” if they have regularly been in the state and intend to make it their permanent residence during that time. This means, for example, that if someone rents a post-office box in the state and declares it their address, the Court would be unlikely to consider them a “resident” for divorce purposes. If, however, the individual rents an apartment in our state and regularly resides there for six months, along with making Florida his or her primary work location, the Court would likely consider them a resident for the purposes of filing a family law case. Such a person would likely be able to file for divorce in our state.
It is important to understand that just because one can file for divorce in Florida it does not mean that the Court can rule on all the relevant issues. This may leave the Court deferring to the jurisdiction of another state. Consider the following example. Jill leaves her husband Jack and two children in Texas and moves to Florida so that she may file for divorce after six months due to Florida’s more favorable alimony laws. Jack has never been to Florida and the parties do not own property in the state. Florida would be permitted to grant the divorce. If Jack objects, however, the state would likely not have jurisdiction over Jack for the purposes of child support. The Court would also not have jurisdiction over the children. This means that if Jack were to file a competing divorce action in Texas, the Florida Court would possibly dismiss its case as Texas is a more convenient forum. While how the Court will rule will always depend on the specifics of the matter, this example shows why it is important to consider jurisdictional issues beyond just whether or not one has residency.
Discuss your situation with a Melbourne attorney prior to filing for divorce
If you and your spouse reside in different states then it is best to discuss your situation with an attorney prior to filing for divorce. A spouse, for example, can consent to having Florida rule on the issue of alimony even if they do not reside in the state. Counsel will consider your overall situation and discuss your options with you. I am a Melbourne divorce lawyer who practices solely in the area of family law. I understand that such decisions have a great impact on your life and my office will give your case the attention it deserves. Contact us online or by telephone today for assistance.
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.