Legal Question in Family Law in Florida
Out of State Divorce Laws
I wish to divorce my husband that I haven't seen in over 2 1/2 yrs. I moved to FL and he is in OH. No property, children or assets of any kind. How can I get this done without having to go to Ohio? I would prefer printing my own forms and without an attorney. Is this possible?
2 Answers from Attorneys
Re: Out of State Divorce Laws
Yes, it can be done and either the Clerk's Office or the Law Library in the Courthouse where you live will have them. You have to establish residency of six months here in FL and also whether he will contest the petition or agree to it will make a big difference.
It is a lot simpler though to have an attorney do it.
Re: Out of State Divorce Laws
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Yes, it is possible but it is easier to use an attorney. You can file for divorce in Florida by filing a Petition for Dissolution and set forth all of the proper allegations. You must comply with mandatory discovery and provide a financial statement. You then have to serve your husband with the complaint and file a return with the court. If he fails to respond, you can then have the case set on the uncontested calendar of the judge whom the case is assigned to.
Scott R. Jay, Esq.