Legal Question in Family Law in Florida

I am a FL resident and currently living in FL. I would like to file a divorce. My husband is a CA resident and he is living in CA. I talked to CA lawyer, she said that I must be a CA resident for 3 months to be able to file the paperworks. When I talked to FL lawyer, he said that he could represent me, but he has no jurisdiction over in CA where my husband lives. Is there any suggestion of ways to go about this?


Asked on 1/11/16, 7:20 pm

3 Answers from Attorneys
John Smitten Carey and Leisure

You can file in FL but if your husband has never been here you will have a problem with the long-arm statute.

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Answered on 1/12/16, 2:26 am
Eric Klein Klein Law Group, P.A.

You can file for divorce in Florida, you will obtain a divorce in Florida, but nothing else. i.e. You can get divorced in FLA, but you will not be able to get an award of alimony or property distribution unless the property is located in Florida. You should be able to file a case for alimony and child support in CA, but you could not file for DIV in CA. It is very complicated, but it can be done. feel free to call me to further discuss the issue. 561 353 2800

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Answered on 1/12/16, 4:21 am
David Slater David P. Slater, Esq.

If you have lived in FLA for 6 months, you can file for dissolution of marriage in FLA. Mr. Klein is correct as to any other relief you may want.

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Answered on 1/12/16, 6:55 am


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