This is the next post in my series on filing for a Melbourne, Florida divorce when one of the spouses is not a resident of the state. My last article discussed gaining Florida residency to file for a divorce. As I discussed, one must be in the state for at least six months before the Court will have jurisdiction over their matter. It may, however, still be in one’s best interest to file in the state where their spouse is located. An attorney can assist you with determining which state would be best to file in. In this article I will discuss filing to end a marriage if your spouse is here but you live out of state. Contact our office today to speak with a lawyer.
One may file for divorce in Florida if their spouse has resided here for at least six months
Florida law allows one to file for divorce as long as either of the spouses has resided here for at least six months. This means that if you are a non-resident then you may file in our state if your spouse meets this residency requirement. There are reasons, however, why one may or may not wish to file for divorce in our state even if your spouse lives here. First, if you have children and they have lived in Florida for at least six months then the matter will generally need to be filed here. This is due to the fact that our state would have jurisdiction over all child custody issues. Second, if you reside in a state with more favorable spousal support laws then you may wish to file there. You may, however, choose to file in Florida if our state has more generous spousal support laws than where you reside. There are also other considerations which should be pondered when determining where to file your case.
The foregoing concepts are best explained through an example. Suppose Jack lives in Texas and Jill lives in Florida with their two children. Jill has been a resident of the state for a year after she left Texas. Under this scenario, Jack could file in Texas but Jill may then file a competing action in Florida. The Texas case would likely be dismissed, in favor of the Florida action, as our state would have jurisdiction over the children. Jack would have saved time and money by filing his case in Florida. While how the Court will rule is always going to depend on the specifics of the case, this example demonstrates the types of considerations one must be aware of when deciding where to file.
Contact a Melbourne lawyer if you are considering filing for for a Florida divorce
If you are out of state then it is important that you speak with an attorney if you are considering filing for a Florida divorce. Counsel can assist you with determining whether it is in your best interest to file in our state. Filing an action in the wrong state may result in the case being dismissed. Additionally, you may be subjecting yourself to spousal support laws which are more unfavorable than those of the state in which you currently live. Discussing your situation with counsel can help to ensure that you are making the best decision.
If you or a loved one are in need of assistance then contact my office today to speak with a Melbourne divorce lawyer. I practice solely in the area of domestic relations law and my firm will give your case the attention it deserves. Contact us online or by telephone for an initial consultation. 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.