QUESTION
If a couple living in one state and married in another state seeks dissolution of marriage, where does the divorce actually need to be filed?
Asked on Nov 05th, 2014 on Divorce - Florida
More details to this question:
Also with the marriage lasting only 5 months can an annulment take place in either state?
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida says one party must be a resident for 181 days or longer to file for divorce. Most states have a similar rule; file where the party can show they lived 181 days or longer.
Answered on Nov 06th, 2014 at 11:53 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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You don't specify the States involved, but presumably one of them is Florida, though you don't say if it is the State where the marriage occurred, or the State where everyone now lives. In Florida, you must reside within the State for at least six months for FL to have jurisdiction to grant a divorce. If you have not resided in FL for at lease six months, then the other State would have to be the place where the divorce action is filed, unless you can wait until you have been a resident of FL for at least six months before anyone files for divorce. In FL, an annulment may be granted under very limited and specific circumstances. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Nov 06th, 2014 at 11:53 AM
John Arthur Smitten
It is easier to just file for divorce. File in the state where you currently reside for the past 6 months. Use of a lawyer is recommended.
Answered on Nov 06th, 2014 at 11:51 AM
3 Awards
Usually the state in which they have residency has jurisdiction. PA requires living in PA for 6 months in order to establish residency.
Answered on Nov 06th, 2014 at 1:04 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The divorce should be filed where they live. Annulment probably does not apply.
Answered on Nov 06th, 2014 at 12:55 AM
The divorce should be filed within the State and County in which the couple are living. An annulment after 5 months is possible, but it would be entirely up to the Judge.
Answered on Nov 06th, 2014 at 12:55 AM