Where do you file for a divorce ifthe spouses live in 2 different states?

UPDATED: Jan 26, 2011

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 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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