In order to file for divorce in Florida, at least one spouse must have resided in the state for at least six months prior to the divorce. If you moved to Florida after you and your spouse split or if you lived in Florida as a couple and your spouse moved out of state, you qualify to file for divorce in Florida.
When marriages end, couples will go their separate ways. In many cases, this means moving out to an apartment on the other side of town, but other times one spouse may leave Florida and move to another state before the divorce is filed.
It is important to note that Florida courts only have jurisdiction over certain matters. If you spouse lives out of state, the court may only rule on the issue of divorce but possibly not issues of minor children, alimony, or issues of property if they are located outside of Florida. These issues can only be decided by the Florida court in ...
If you want to divorce your spouse, first determine whether one or both of you meet the residency requirements of the state where you intend to file for divorce. These requirements differ by state.
In contrast, other states apply strict residency requirements of up to one year. 2. Understand the relationship between filing and jurisdiction.
In most cases, the state where either spouse files for divorce first has jurisdiction over important decisions in the divorce, including the division of the couple's assets and liabilities and whether spousal maintenance is appropriate.
These decisions can impact the parties' financial situations after the divorce , as different states provide for different treatment of property and debts. In some states, substantially all property owned by the couple or by either spouse is marital property, subject to a 50/50 division. Other states apply an "equitable distribution" standard when dissolving a marriage, which takes the couple's circumstances, how the property was acquired, and other factors into consideration.
Child custody determinations in most states follow a "best interests" standard, where the judge presiding over the case considers what is in the child's best interest. If you and your spouse live in different states and you want to end your marriage, consider your options. It may be more advantageous for you to file a petition for divorce in ...
Sometimes, this means spouses actually reside in different states. If you and your spouse live in different states but want to divorce, it is possible to do so.
To meet the residency requirement, one party must have lived in the State of California for at least 6 months leading up to the divorce and at least 3 months in the county you file in. If you move out of state before the divorce is filed or while the case is pending, you can still handle the case in a California court if your spouse continues ...
Child support laws make it difficult or impossible to share custody over long distances, and one parent may not be legally allowed to take the children too far away from their other parent. Our Santa Barbara divorce attorneys also handle child support cases to help with these kinds of issues during your divorce.
If each spouse meets the residency requirement of his or her respective state, a situation may arise in which both spouses file for divorce. Generally, the state where the divorce petition was filed first takes jurisdiction over the proceedings.
Courts must usually honor divorces that are granted in other states. This specific provision is provided through the Full Faith and Credit Clause of the United States Constitution. States must honor valid court orders from other states. However, there are certain situations in which another state may not recognize or honor a divorce. For example, if you failed to properly notify your spouse of the divorce proceedings, the state will not recognize the divorce. Likewise, if the court never had the authority to decide the case, a court may refuse to honor the divorce. If you failed to meet the residency requirement and proceeded with the divorce in your home state, the court in your spouse’s case can refuse to honor this order.
The court may lack jurisdiction over the other spouse, but it still has the power to grant the divorce. This is because the court has jurisdiction over the marriage itself, even if it does not possess jurisdiction of a spouse. Jurisdiction may be lacking over the other spouse if that spouse has not had contact with the state in a meaningful manner. Additionally, courts cannot make decisions regarding property that is situated in another state. The court may also be unable to make decisions related to child custody.
Getting a divorce becomes more complicated when spouses no longer live in the same state. In some situations, a spouse has moved to another state right after the couple recently separated. In other cases, the spouses have continued separate lives in different states for several years.
A divorce decree is intended to be a long-term court order expressing agreement between ex-spouses. However, sometimes circumstances change, particularly if the ex-spouses share children, and a modification of the divorce decree is necessary. In those instances, it is important to bring the modification request before the court with proper ...
Other common divorce decree modifications include child visitation, child support, and alimony provisions of the divorce decree. Most states allow the court which granted the divorce to retain jurisdiction over these matters as long as one of the parties to the divorce decree is still living within the jurisdiction of the court.
Many people get divorced in one state and then circumstances lead at least one of the ex-spouses and the children to move to another state. When this happens, people wonder what to do if they need to modify the child custody provisions of the divorce decree.
Jurisdiction, however, is not the only issue. In order to succeed in changing certain divorce decree provisions like child custody, visitation, child support and spousal support orders, you must demonstrate a substantial change in your circumstances. Judges may consider moving to a new state, getting a different job at a higher or lower salary, or remarriage as a substantial change requiring a modification of your divorce settlement or the original order issued by the family court in your case.
The Uniform Interstate Family Support Act gives the court which issued the original child support order continuing exclusive jurisdiction over child support matters as long as at least one of the parties continues to live in that state or all of the parties agree to the continuing exclusive jurisdiction of the court.
While divorce may be common, when you go through it yourself, you still deserve dedicated, personal focus on your rights and unique situation. An experienced divorce lawyer can help you figure out the best way forward, explain the law, and represent you in court if it is ever necessary.
The terms of the divorce decree may be in effect for a long time, particularly if there were children of the marriage and, accordingly, many courts order terms such as child custody, child support, and alimony may need to be modified at a future date. If the modifications need to be made in the same state where the divorce occurred, ...
Generally speaking, a divorce action is filed in county of the state that the Defendant (non-filing spouse) lives. However, state law may allow for an exception to file where the Plaintiff (filing spouse) lives when the Defendant resides out of state.
In Georgia, a party must have lived in Georgia for at least 6 months preceding the divorce filing in order to satisfy the minimum residency requirements. Whether the court has personal jurisdiction over the non-resident spouse is a more complicated issue. The court may have personal jurisdiction over the non-resident spouse (1) ...
Second, the court must have personal jurisdiction over both spouses. Personal jurisdiction is the power the court has over the parties in the case. To establish this power over the spouses, the spouses must have minimum contacts with the state in which the court is located.
Georgia’s long-arm statute may be found at O.C.G.A. § 9-10-91.
Subject matter jurisdiction is essentially the court’s authority to hear particular types of cases. For example, in Georgia, only a Superior Court has subject matter jurisdiction to hear divorce cases. Subject matter jurisdiction can never be waived by either spouse.
If you are involved in a legal matter that already has you working with an in-state attorney, your attorney can often work with you to retain an out-of-state attorney to handle that piece of the legal work that is under the jurisdiction of the out-of-state court.
In your search for a qualified attorney out of state, there are some additional things to keep in mind. Your attorney should have received a law degree and passed the bar examination required by their state. These are prerequisites in most states for becoming an attorney licensed to practice law.
Attorneys are required to be licensed in the state in which the legal issue arises or is being litigated, in order to avoid the illegal practice of law that may deprive a client of a full, and proper legal representation.
If you are dealing with a legal matter in another state, you should consult with an attorney in that state. In finding the right attorney for you, you should conduct the same due diligence that you would if you were hiring hiring an attorney in your state of residence.