This is the next post in my series on the handling of Melbourne, Florida divorce cases in which one of the spouses is not a resident of the state. My last article discussed filing for divorce if you live outside of Florida. While one may file in our state, due to their spouse being a resident, there are reasons why they may not want to. These reasons include jurisdictional issues relating to child custody and spousal support. Discussing your situation with an attorney can help to ensure that you are making the right decision as to where you should file. In this article I will discuss filing for divorce in our state when your spouse does not. If you are in need of assistance then contact my office today to speak with a lawyer.
One may not wish to file for divorce in Florida even if they have lived here for six months
As I have discussed previously in this series, one may file for divorce in the state of Florida as long as they have lived here for at least six months. Meeting this residency requirement means that one may file for divorce in our state even if their spouse does not live here. It is important to understand, however, that our Courts may not have jurisdiction over several issues in your case. These issues include child custody and spousal support. This means that, while the Court may be able to grant a divorce, it would not be able to rule on several issues. If your spouse were to file a competing action in their state then the Florida case may be dismissed. Whether or not to file in our state, therefore, will depend on the specifics of your situation.
Consider the following example. Jill moves to Florida while Jack remains in Texas and has never been to our state. Jill files for divorce in Florida. While the Florida Courts would have jurisdiction to grant the divorce, it would likely not have jurisdiction over Jack in regards to any spousal support awards. If Jack were to file a separate divorce case in Texas then there is a good chance the Florida case would be dismissed as Texas is the “more convenient forum.” These types of issues, regarding personal jurisdiction, must be considered when determining where to file a case.
Contact a Melbourne lawyer to determine whether you should file for divorce in Florida
The decision of where to file a divorce case is crucial when the spouses live in separate states. An experienced attorney will help you to understand how issues such as child custody, child support, and alimony will be impacted by your choice of venues. I am a Melbourne divorce lawyer who practices solely in the area of domestic relations law. I understand the impact that situations such as this can have on one’s life and my firm will give your case the attention it deserves. Contact us online or by telephone today to schedule 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.