QUESTION

Where do I need to file my divorce?

Asked on Apr 16th, 2014 on Divorce - Florida
More details to this question:
I live in Florida now but I was married in Pennsylvania. The woman I want to divorce still lives in Pennsylvania. Do I file for divorce in Florida or Pennsylvania?
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5 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Not enough to be sure but safest to file in PA.
Answered on Apr 17th, 2014 at 6:49 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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The first question is whether the divorce can be uncontested. If so, it can be filed in FL. If not, it might have to be filed in PA.
Answered on Apr 17th, 2014 at 6:49 PM

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John Arthur Smitten
You can file in FL, contact me for consultation.
Answered on Apr 17th, 2014 at 6:49 PM

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That would depend upon whether or not there are children and where/with whom they reside, where all the assets are, where all the debts are. If you are now a resident of Florida, you can certainly file in Florida, but consider if that filing in Florida is in your best interest, in the best interest of the children, if any, etc. It's not cut and dry.
Answered on Apr 17th, 2014 at 6:48 PM

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To file in FL, you have to have lived here for at least 6 months before you file. Also, if you have children from the marriage, or property, assets or liabilities that need to be equitably distributed, the FL courts may not have jurisdiction to determine those issues because your wife has no connection to FL, the children are in PA, and the property, assets or liabilities may be in PA. If you have no minor children together, and there is no property, assets or liabilities that need to be addressed by the court, and all that needs to be determined by the court is dissolving the marital relationship, then if you have been in FL for at least 6 months, you can file in FL if you choose, and can probably file in either State, assuming that your wife has been in PA long enough to meet PA's residency requirements.
Answered on Apr 17th, 2014 at 6:48 PM

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