Legal Question in Family Law in Florida

divorce

can i sue for divorce outside of my resident state so that i can sue the woman my husband is having affair with for exposing me to herpes without his or my knowledge also want to sue her for alienation of affection


Asked on 3/03/09, 9:26 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: divorce

Probably not, but it depends on the state. Almost all states require residency (including Florida) before you can file for divorce there. You aren't allowed to petition for divorce in a non-resident state just because that non-resident state has a lawsuit that isn't available in your resident state.

Also, check with a lawyer before you think about an alienation of affection lawsuit. Not many states allow it. Florida doesn't. I wouldn't know for sure, but about.com says only the following states allow alienation of affection lawsuits: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

Remember too, that being exposed to herpes is a whole lot different than getting herpes, and your state may not allow a lawsuit for exposure only.

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Answered on 3/03/09, 9:46 am


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