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At Orlando Family Team, we recognize that divorce is never a simple process. Emotions can run high, and the logistics of separating one life into two can be overwhelming. These challenges can become even more complex when one spouse lives—or moves—to a different state before or during divorce proceedings. Whether this happens because of job relocation, family obligations, or a new personal start, the interstate component introduces additional hurdles that must be understood and navigated carefully.
Yet, the good news is that divorcing a spouse in another state is entirely possible. The key lies in understanding Florida’s residency requirements, determining which court has jurisdiction, and taking prompt action if you want Florida’s divorce laws to apply to your case. Below is a closer look at the major issues you may face and how to address them.
Residency Requirements for Divorce in Florida
The first step to obtaining a divorce in Florida is meeting the state’s residency requirement. Under Florida law, at least one spouse must have lived in the state for a minimum of six months prior to filing for divorce. You do not need to have been married in Florida; you simply need to establish residency. Courts typically rely on evidence such as a Florida driver’s license, voter registration card, lease agreements, or property records to confirm that you meet the six-month requirement.
Why does Florida impose a residency requirement? Essentially, it ensures that the state has a valid interest in overseeing the divorce and ensures that only those who have a genuine, ongoing connection to Florida utilize its judicial system for matrimonial matters. This also helps avoid jurisdictional conflicts with other states where a spouse may currently live or have lived in the past.
If you meet Florida’s residency requirement and prefer to file in Florida, you generally can do so even if your spouse now resides in another state. However, you need to be aware that if your spouse also meets residency requirements elsewhere, that other state may claim jurisdiction. This leads to the concept often referred to as a “race to the courthouse”—whichever spouse files first in a state with valid jurisdiction typically moves the proceedings forward under that state’s laws.
Considering Jurisdiction: Where Should You File?
Jurisdiction is about the legal authority of a court to hear and decide a case. In the realm of family law, the question of which state has the power to grant the divorce can impact everything from how assets are divided to the final arrangements for child custody and support. Even if both spouses agree on major issues like property distribution and alimony, deciding where to file remains an important consideration because state laws vary significantly.
For instance, Florida is an equitable distribution state, meaning marital assets and debts are divided fairly—but not always equally—based on a variety of factors, including each spouse’s contribution to the marriage and economic circumstances. Another state might follow community property rules, which typically involve a 50/50 split of marital property. These differences can lead to substantially varied outcomes.
What Happens if Both States Have Jurisdiction?
In situations where both spouses meet the residency requirements in different states, it may become a question of first to file. Commonly, courts in the state where the divorce action is filed first will retain jurisdiction, and the other state will defer. This rule aims to prevent identical lawsuits from proceeding in multiple states and generating conflicting orders.
However, there can be exceptions. Courts will sometimes look at factors like convenience, fairness, and the best interests of the children if any are involved. If your spouse has already filed in another state, you may need to show compelling reasons why Florida should still handle the case—for example, if Florida is the primary residence of your children or if significant marital property is located here. In any case, acting quickly can be crucial if you believe Florida law provides a more favorable framework for your divorce.
Working Through Complex Divorce Issues Across State Lines
Interstate divorces can feel intimidating, particularly when minor children are part of the equation. Each state has unique laws governing custody and support, and the legal process can become complicated when two state courts could claim authority. Fortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps clarify where custody cases should be heard by determining a child’s “home state.” This prevents conflicting custody orders and makes it easier to enforce orders across state lines.
Still, logistical hurdles remain—especially if travel is required for court appearances or mediation sessions. In many situations, parties and attorneys can handle certain steps remotely, taking advantage of phone or video conferences. Being open to alternative dispute resolution methods, such as mediation, may reduce the need for constant cross-state travel and help resolve issues more amicably.
Florida Family Law Attorneys Ready to Help
Given the added layers of complexity in interstate divorce, consulting with an experienced Florida family law attorney is highly advisable. A knowledgeable lawyer can help you:
- Verify whether you meet Florida’s residency requirements.
- Evaluate the potential benefits (and drawbacks) of filing in Florida versus another state.
- Understand the possibility of first-to-file conflicts and develop a strategy to address them.
- Manage unique challenges that arise, such as child custody determinations under the UCCJEA.
- Represent you effectively if your spouse contests jurisdiction or files in another state.
Orlando Divorce Lawyers
At Bernal-Mora & Nickolaou, we understand the stress and uncertainty that can accompany divorce, especially across state lines. Our attorneys are dedicated to providing personalized legal strategies that address your specific concerns—whether that’s keeping travel to a minimum, protecting your parental rights, or ensuring an equitable division of property. We work closely with you to identify the most practical and favorable path forward.
Don’t let interstate complexities stand in the way of securing the legal outcome you deserve. Contact Bernal-Mora & Nickolaou today to learn more about your options, protect your interests, and move forward with confidence in Florida’s courts. While divorce is rarely easy, having the right legal team in your corner can make the process smoother, clearer, and far less daunting.
