Legal Question in Family Law in Florida
In personam jurisdiction
Can a plaintiff petition for divorce one state if the defendant resides in another state?
1 Answer from Attorneys
Re: In personam jurisdiction
Yes. The concept of "in personam jurisdiction" doesn't work in divorces like it works in other civil cases. In divorces (at least in Florida), only the petitioner needs to be a Florida resident.
There are some exceptions, though. Sometimes both parties will file divorce: one in Florida, one in the other state. Sometimes both divorces go forward simultaneously and both are granted. Sometimes only the divorce will go forward where the children live, and the other is dismissed. If there are no children, sometimes only the divorce will go forward where it's "most convenient" (like where the property is or where most of the witnesses are). When two divorces are pending, the two judges usually discuss it among themselves by phone and make a decision, usually with the input of the parties.