Legal Question in Family Law in Florida
can my spouse file for divorce in a state other than the state we lived in as husband and wife or the state in which we were married?
2 Answers from Attorneys
Either spouse may file for dissolution in a state in which the spouse has complied with the state's laws regarding residential requirements for dissolution of marriage.
Yes. If he is in for example N.C. and has lived there for the required 6 months, then he can file for divorce in that state. However, if you live in Florida and he serves you with papers, you can file no jurisidiction and squash his case because N.C. has no jurisdiction over you. However if you both are now living in N.C. then you must answer because you too can be considered as having given the state jurisidiction over you.
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