Where do you file for a divorce ifthe spouses live in 2 different states?
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Where do you file for a divorce ifthe spouses live in 2 different states?
I have been separated for 10 years and want to file for divorce. He resides in NC where we were married; I live in FL. How do we file? We share no property or children. The only thing I want out of the divorce is my maiden name back. Can I file from FL?
Asked on January 26, 2011 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Many people believe that a divorce must be granted in the state where the marriage occurred; this is a common misconception. The fact is that people can, and do, move out of state all of the time. When filing for a divorce you must either file in your state of residence or in the other spouse's state of residence. In FL, the residency requirement is that 1 of the parties to the action must have lived in the state 6 months prior to the filing (you should file in the county in which you reside).
Note: You can also file in the state and county in which your spouse resides.
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