Legal Question in Family Law in Florida

Residency / Jurisdiction

I filed for divorce in the state of Florida, and at the same time have accepted a position to move to NJ for a better job. The residency requirements state that one of the partners must have residency in FL for the previous 6 months prior to filing (which we have). However, I consulted another lawyer and he indicated that the residency requirement in FL is 6 month prior as well as an intent to remain in FL. Given that it is not my intent to remain in FL, will this result in a refusal to hear the case as a result of Jurisdiction ? Every source (including the Fl Statutes) only state the 6 months test. Is this person correct and if so what are the implications. I am willing to turn down the job as I have yet to resign my current position. Help ?

ps. Two minor children and custody determination is involved


Asked on 7/03/03, 10:16 am

1 Answer from Attorneys
Stephen Holman Stephen Holman P.A.

Re: Residency / Jurisdiction

There is no requirement in Florida to have an intent to remain in Florida after the filing of a DOM petition. Your planned move may impact the custody determination.

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Answered on 7/03/03, 11:18 am


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