Can I file for divorce if we still live together in Florida?
No, Florida is one of a handful of states that doesn’t offer legal separation as a formal legal process. Within the state, spouses can live separate and apart from each other without the need for a court order, which can be beneficial if you wish to avoid divorce for religious, social, or financial reasons.
How to file for a divorce in Florida?
How to File for Divorce in Florida. Eligibility. To file for divorce in Florida, one of the two parties to the divorce must have lived in the state for at least six months before filing with the court. One exception to this is if you are a member of the military who lives in Florida but is currently stationed outside of the state.
Can a spouse file for divorce in another state?
To establish this power over the spouses, the spouses must have minimum contacts with the state in which the court is located. The court has personal jurisdiction over the spouse that resides within that state if that spouse has been a resident of that state for the state’s minimum residency requirement.
How does residency affect a divorce in Florida?
Residing in Florida for six months gives the state jurisdiction (authority) over the subject matter of the case. See Florida Divorce Law 61.021. However, it does not necessarily give Florida jurisdiction over the people involved in the case. Satisfying the residency requirement only gives Florida authority to grant the divorce.
Is there a waiting period for a divorce in Florida?
After a dissolution of marriage has been initiated, there is a 20-day waiting period that a couple must go through before a case may be heard and a Judge of the Circuit Court signs a Final Judgment of Dissolution of Marriage. This is a best-case scenario in an uncontested divorce.
How to File for Divorce in Florida. Eligibility. To file for divorce in Florida, one of the two parties to the divorce must have lived in the state for at least six months before filing with the court. One exception to this is if you are a member of the military who lives in Florida but is currently stationed outside of the state.
Instead, you can only file in the state where you or your spouse meet the residency requirement. Before a court will hear a case, one of the spouses must be able to meet the residency requirement.
Residing in Florida for six months gives the state jurisdiction (authority) over the subject matter of the case. See Florida Divorce Law 61.021. However, it does not necessarily give Florida jurisdiction over the people involved in the case. Satisfying the residency requirement only gives Florida authority to grant the divorce.
Can a Florida spouse have jurisdiction over another Florida spouse?
For Florida to have jurisdiction over a spouse living in another state one of the following must occur: The spouse living outside of Florida waives his/ her right to contest jurisdiction.