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Divorce
Where is the proper location to file for a divorce, the state you live in or where you were married?

Where is the proper location to file for a divorce, the state you live in or where you were married?

Q: Can I file for divorce in Georgia if my spouse lives in Florida?

Yes, you can file for divorce in Georgia if you meet the residency requirements. In Georgia, at least one spouse must have lived in the state for six months prior to filing. If you reside in Georgia and your spouse lives elsewhere, you can still initiate the divorce process in Georgia.

Q: How does jurisdiction affect divorce proceedings?

Jurisdiction determines which court has the authority to hear a divorce case. It is usually based on the residency of the spouses. If a court has jurisdiction, it can make decisions regarding asset division, child custody, and support. If jurisdiction is not established correctly, it can delay or complicate the divorce process.

Full question:

My husband lives in Florida and I live in Georgia. We were married in Georgia and seperated 4 years ago. He is filing for the divorce in the State of Florida. Does he need a wavier of jurisdiction since I reside in the state of Georgia.

Category: Divorce
Date: 04/07/2025
State: Florida

Answer:

To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the residency requirements for filing divorce in Florida?

In Florida, at least one spouse must have lived in the state for six months before filing for divorce. This residency requirement ensures that the court has jurisdiction over the case. If the spouse filing for divorce meets this requirement, they can proceed with the filing regardless of where the other spouse resides.

Can I file for divorce in Georgia if my spouse lives in Florida?

What is a waiver of jurisdiction in divorce cases?

A waiver of jurisdiction is a legal document that allows a court to exercise authority over a case, even if one party does not reside in that state. In divorce cases, if one spouse lives in a different state, the other spouse may need to file a waiver to confirm the court's jurisdiction. However, if proper residency requirements are met, a waiver may not be necessary.