QUESTION

Where do I file for divorce, in the state where we were married or the state where I currently reside?

Asked on Nov 19th, 2013 on Divorce - Florida
More details to this question:
Where do I file for divorce? We were married in NYC in 1991. We agreed to separate (not legally) in 2009. I relocated to Florida in 2010 (to current). Where do I file for divorce? We have no assets to divide. We share three common children, 18-year-old, 15-year-old lives with him in NYC and our 9-year-old lives with me in FL. We have both agreed to this. And there will be no changes in living arrangements when we apply for divorce.
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5 ANSWERS

John Arthur Smitten
File in Florida
Answered on Nov 21st, 2013 at 3:49 PM

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Under the facts you describe, you may file in either State, especially since you are both apparently in agreement upon everything. However, you should consult with an attorney to take into consideration the differing laws that will apply depending upon which State you file in. For example, in FL a parent is generally required to contribute to the support of their children until they reach 18 years of age or graduate from high school, however, in NY it may be until they attain 21 years of age. In FL, a parent cannot generally be ordered to contribute to college costs and expenses of a child, but in NY they may.
Answered on Nov 20th, 2013 at 9:26 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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If the children are not going to be an issue (custody or child support) you can file in Florida. If there are children's issues you need to file in the state and county where they live.
Answered on Nov 20th, 2013 at 9:25 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You can file in Florida as long as you have been a resident for 6 months, and he agrees that you can file here. See an attorney about a potential uncontested divorce. It is much better than trying to do it yourself with a bunch of forms that are quite confusing, and the price is usually reasonable.
Answered on Nov 20th, 2013 at 9:24 PM

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Alimony Attorney serving Key West, FL at Sheri Smallwood Chartered
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You can file where you currently reside. If your spouse has contacts to FL, or if you can serve him within this state, the Court can get personal jurisdiction over him. That is necessary for financial relief. The Court can grant the divorce without it, however. Jurisdiction to decide matters regarding the 9 year old will also be in FL. Jurisdiction over child related matters concerning the 15 year old lies in NY.
Answered on Nov 20th, 2013 at 9:22 PM

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