Legal Question in Family Law in Florida
my wife and I have been separated for 8 months now and we live 120 miles apart in the same state, she recently filed for divorce where she lives now. Can I file all the necessary paperwork in the county in which I live, or do I have to travel the 120 miles every time I have to file a piece of paper
3 Answers from Attorneys
You will have to file responsive pleadings in the court where the action is taking place. This will be the county where she filed. So let's say for example she filed in Pinellas county and you live in Orange county, you cannot file in Orange county documents for the Pinellas county case. However, you can file these documents by mailing to the clerk of court in that county and sending a copy to the opposing party, either your wife or her attorney. It does not need to be done in person. But keep in mind, there may be court appearances that will require you to travel to that county.
There may be issues of proper venue involved as well, to determine whether her county or your county is the proper county to file in, you would have to discuss directly with an attorney to evaluate your case. Feel free to contact me at 407-377-6828 to discuss further.
Many clerks allow the filing of documents by fax. You are also able to mail them.
Since you are the respondent in this action, I would fight the venue and state that she has to file her documents in the county that you live in v. her county. See an attorney - response time is 20 days.