Legal Question in Family Law in Florida

Filing for Divorce

I am filing for divorce of my husband after 7 years of separation. I reside in Florida, he is in NC. I am living in NC temporarily right now. If I file now, using forms and representing myself, can I file with the NC courts or do I have to file with the Florida courts


Asked on 2/26/09, 9:56 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Filing for Divorce

You may not be able to file in either place. When you move, you give up your citizenship in the state you left and state building citizenship in your new state. In Florida, you have to live here for six months before you qualify to file for divorce here. North Carolina has the same law. (I hear it's one year in North Carolina, but since I'm not a lawyer there, you'll have to check with a North Carolina lawyer.)

If you still have your Florida driver's license or voter registration, most judges will accept that you are still a resident of Florida, and you can file for Divorce in Florida.

It's actually possible to temporarily lose your right to file for divorce by moving to a new state, and you may have done that. But since your move was temporary, you can still probably file in Florida. You'll have to ask a North Carolina lawyer if you are able to file there.

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Answered on 2/26/09, 10:15 am


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