QUESTION
How do I file for divorce if I have no desire to move back just to get divorced?
Asked on Aug 17th, 2016 on Divorce - Florida
More details to this question:
I lived here with my husband for 23 years. We have property here. I left because I no longer could tolerate his behavior. I have lived in another state for almost two years. I met residency requirements but have been told I should file in our previous state due to property. One attorney said that I can. The other said I do not meet the state requirements for filing. Another attorney where I live now told me the judge would not look at the case due to state jurisdiction over property. Who is right? What do I do?
3 ANSWERS
John Arthur Smitten
File the case in FL.
Answered on Sep 12th, 2016 at 6:26 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You should file where you have property, as it would be the easiest and best way. Only one party has to be a resident of Florida in order to file (reside in Florida for 6 months or longer), so if he still lives here, then you can hire an attorney in Florida and they will draft the papers and handle the case. Most everything can be handled phone / fax/ email, except for if you have to go to Trial to resolve the case. For that, you should appear in person.
Answered on Sep 12th, 2016 at 6:25 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to file a divorce in Florida, right? That is where you last resided together, right? If not, speak with an attorney where you last resided together. You can file in Florida if that is the right state, and his residency in FL can be used to establish jurisdiction. You moved, so you have not been a continuous resident of FL for 6 months. It is going to be very confusing to you unless you can get a conference with a Florida attorney, perhaps over the phone. I cannot speak for what other attorneys have told you, at all. All I can do is tell you how I see it.
Answered on Sep 12th, 2016 at 11:51 AM