In short, yes. However, if you are considering filing for divorce in Florida while residing in another state, there are specific legal criteria and residency rules that you must meet in order to proceed.
First, there are residency requirements. Florida law requires that at least one of the parties in a divorce to meet certain residency requirements before filing. Specifically, Florida Statute 61.021 requires that at least one spouse must have been a resident of Florida for a minimum of six months prior to filing for divorce.
In other words, if you live in another state and are an out-of-state spouse, then you could file for divorce in Florida if your spouse lives there and meets the residency requirement. In order to prove residency, typically, the court will require valid documentation, such as:
- A Florida driver’s license issued more than six months before filing
- A Florida voter registration card
- A sworn affidavit from a corroborating witness
After meeting the residency requirements, you must then demonstrate that you have proper grounds for divorce. It is important to note that Florida is a “no-fault” divorce state. This means that the only grounds required are the irretrievable breakdown of the marriage or mental incapacity of one spouse. In other words, neither party needs to prove fault, such as adultery or abandonment.
Finally, the court must have jurisdiction over the matters that need to be settled in the divorce. If you live in another state and your spouse resides in Florida, then the Florida courts may still assert jurisdiction over the divorce case.
However, when it comes to issues like dividing property, spousal support, and child custody, those could become more complex. For instance, if the marital assets or children are located outside Florida, then the court must obtain personal jurisdiction to rule on these matters.
Factors that may influence a court having jurisdiction include:
- Whether or not the non-resident spouse has substantial ties to Florida, such as owning property or conducting business there
- The location of the couple’s shared assets
- The children’s principal place of residence, if applicable
Does Florida Recognize Out-Of-State Marriages?
Yes, Florida recognizes the validity of marriages legally performed in other states or countries. This is due to the Full Faith and Credit Clause of the U.S. Constitution. That clause mandates that states honor legal marriages from other jurisdictions, provided those marriages adhere to the laws of the state where they were originally established.
For example, a marriage conducted in another state or country that complies with the legal requirements of that jurisdiction will generally be recognized as valid in Florida. However, there are exceptions.
Florida does not acknowledge certain marriages that conflict with its public policy. Specifically, marriages that involve polygamy or close relatives. This is true even if the marriages were deemed legal in the state or country of origin. In other words, marriages that conflict with Florida public policy will not be recognized under Florida law.
How to File for Divorce When Spouses Reside in Different States
In order to file for divorce when spouses reside in different states, you must understand the specific state laws that address residency requirements, jurisdiction, as well as the procedural steps.
Once again, you must first meet Florida residency requirements. This means that at least one spouse must meet the state’s residency requirements. Under Florida Statute 61.021, one of the parties must have lived in Florida for a minimum of six months prior to filing.
Next, Florida courts must establish jurisdiction to handle the divorce, which includes:
- Personal Jurisdiction: The court must have authority over both parties
- For the non-resident spouse, this could depend on factors like ties to Florida (e.g., owning property, conducting business, or previously living in the state)
- Subject Matter Jurisdiction: This relates to Florida’s authority to oversee divorce cases, which is established once the residency requirement is satisfied
Without proper jurisdiction over the non-resident spouse, the court may not be able to make rulings on certain matters, such as property division, child custody, or alimony.
Next, you will need to actually begin the process of divorce by filing a divorce petition. In order to begin the divorce process, the filing spouse (i.e., the “petitioner”) must file a Petition for Dissolution of Marriage with the circuit court in the county where the Florida-residing spouse lives.
Along with the petition, the petitioner must also submit supporting documents, including financial affidavits and a proposed parenting plan if children are involved. The petition must then be served on the non-resident spouse or resident spouse via a process server or other legal means compliant with Florida law.
The spouse who did not file the initial petition (i.e., the “respondent”) will then have a specific timeframe to respond to the divorce petition. This timeframe may vary depending on whether the respondent resides in the United States or if they are abroad. Importantly, if the respondent fails to timely respond within the allotted time, the court may grant a default judgment to the petitioner.
It is important to address any and all interstate and property division issues. When spouses reside in different states, additional complexities may arise, such as:
- Interstate Child Custody: Custody matters are generally governed by the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) to determine the child’s home state
- Division of Property: Florida follows equitable distribution principles, dividing marital assets and debts in a fair manner
- The location of marital assets in another state may require additional legal considerations
- Spousal Support: Alimony decisions are based on Florida law, but enforcement may require coordination with courts in the other state
Navigating the complexities of a divorce involving spouses in different states often requires a thorough understanding of civil procedure and Florida-specific family laws. As such, it is often recommended to set up a legal consultation with a local Florida lawyer familiar with Florida family law and interstate divorce matters. Doing so can help ensure your legal rights are protected and the process proceeds smoothly.
What Are the Pros and Cons of Filing for Divorce in a Different State?
As can be seen, there are both pros and cons for filing an out of state divorce. Pros for filing divorce in Florida from a different state include:
- Residency Flexibility: You can file if your spouse meets Florida’s six-month residency requirement.
- No-Fault Divorce: Only irretrievable breakdown is required to begin the divorce process
- Equitable Distribution: Fair division of marital assets applies
- Simplified Divorce: If issues are uncontested, the process can be quicker than in other states
Cons for filing for divorce in Florida from a different state include:
- Travel Costs: Non-residents may need to attend hearings in Florida, which could add additional costs to obtaining the divorce
- Jurisdiction Issues: Florida courts may lack authority over some matters involving the out-of-state spouse
- Enforcement Challenges: Interstate enforcement of orders can be complicated
- Higher Costs: Legal and travel expenses may increase as the party located outside of Florida may have to travel to hearings throughout the divorce process
Should I Hire an Attorney When Filing for an Out-Of-State Divorce?
As can be seen, the out-of-state divorce process is often a complicated matter, and one wrong move could negatively impact you. As such, if you are involved in a divorce or thinking about filing for an out-of-state divorce, it is recommended to consult with an experienced Florida divorce attorney.
LegalMatch can assist you in setting up a consultation with a family law lawyer in your area. An experienced attorney will be able to help you understand Florida’s specific laws on obtaining a divorce if you are an out-of-state spouse or if you have an out-of-state spouse.
Further, they can also ensure that your legal rights are protected throughout the entire divorce process. A family law attorney can also make sure that you gather all of the evidence you need to support your case. Finally, a divorce lawyer can also represent you in court, as needed.
