What State Can I Divorce

by Anonymous from Florida

We were married in Georgia but I now live in the state of Florida. In which state do I file for divorce?

Answer to Florida Divorce Question

Dear Anonymous,

One of the initial criteria that must be established in every divorce case is residency.

Residency deals with where you currently live instead of where you lived in the past.

The fact that you were married in another state may have no bearing on where you divorce.

If you or your spouse is a Florida resident, then you can file a Petition for Divorce in the circuit court in the county where either of you reside.

As long as you have been a resident in Florida for six months, you are considered a resident according to Florida divorce statutes. To establish residency you can:

• register to vote,

• get a Florida driver’s license,

• find a job,

• open a bank account,

• register your car,

• take out a library card,

• set up utilities, or

• anything else to show where you live and how long you have lived there.

Just keep in mind that you will need to present evidence or "prove" to the court where you live and how long you have lived there.

Your residency is substantiated to the court by your sworn Petition. You may still need to present evidence of your residence by any of the documents mentioned above, or by the sworn Affidavit of a Florida resident who knows you using Form 12.902(i), Affidavit of Corroborating Witness.

The law requires all courts to verify residency as a divorce case can be dismissed or overturned on appeal because one or both parties failed to provide proper proof of residency.

If you or your spouse has not been a Florida resident for the past six months then you will need to wait until you are eligible to file or consult with the state statutes from your previous residence.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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