More details to this question:
when filing a divorce do I need to file in the city where I live or the city where I lived with while married. I live in Miami, fl and my husband is stationed in Alabama (military orders). We lived in Broward county, fl when we were married but I moved back to Miami over 2 yes ago with the minor child. His attorney is stating that I submitted the document incorrectly because it should have been done in Broward and not Miami Dade where I presently reside. I was told by the court when I filed that I can file there since I've lived here more than 6 mths. Please advise. Thanks
1 ANSWER
Technically, the venue (meaning , for simplicity here, the county) where the case is filed for a divorce is the county where the parties last resided together as husband and wife. However, (and this is why the law has more than "50" shades of grey), a party can assert under another provision of the law, that venue in Broward county is not convenient (forum non convenience) where, as in your case:
-your husband is in Alabama so it does not make Broward any more convenient than Miami Dade
-you have lived in Miami Dade for more than two years
-your child lives and (presumably) goes to school in Miami Dade
-more witnesses would be in Miami-Dade(because you've been there two years),
and any other grounds you may have that would make it more convenient to keep the case there.
The worst that could happen is that you have a hearing on this and the Judge makes your move the case to Broward County. Not such a severe consequence. By the way, the 6 month rule applies to residing in the state of Florida for 6 months before filing the divorce action, not to the county where it is filed.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954.316.3496
Answered on Aug 22nd, 2015 at 6:09 AM