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My husband is a resident of florida i am a resident of California. Where do I file for Divorce?

My husband is a resident of florida i am a resident of California. Where do I file for Divorce?

Q: Do I have to file a divorce in the state I was married in?

No, you do not have to file for divorce in the state where you were married. You can file in any state where you meet the residency requirements. However, the court's ability to address issues such as property division and support may depend on jurisdiction and where the parties reside.

Q: Does it matter what state you file for divorce in?

Yes, it matters what state you file for divorce in because each state has its own laws regarding property division, spousal support, and child custody. The state where you file must have jurisdiction over both parties to effectively resolve these issues. Therefore, understanding the implications of the state laws is crucial.

Full question:

my husband is a resident of florida I am a resident of california where should the divorce filing take place?

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

Answer:

There are a lot of moving parts to your question. First, you can get a divorce in either State if you meet the residency requirements of California or filing in the Florida. But this does not mean that the Court can decide issues of property, support, etc. unless the Court has what is called personal jurisdiction over the person, in this case your Husband. The issue of what constitutes personal jurisdiction is not that simple but let's keep it simple as we can. if the Husband has never lived in California, California was not a marital home and then he moved to Florida, and has no other reason to be held to be subject to the Courts of California, then a Court in California cannot address property, etc. You would need to file in Florida for all issues to be resolved. If the Husband agrees to the divorce and you and he agree to all terms then he can submit to the jurisdiction of California.

If you do file in Florida you would need to file in the proper County, which more than likely is the County where he resides.

You should consult with a local attroney because there are many issues involved in your question.

See http://www.divorcesource.com/research/edj/jurisdiction/02oct109.shtml

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 is my wife entitled to in a divorce in California?

In California, a wife may be entitled to various assets and support depending on the circumstances of the marriage. This can include community property, which is generally split 50/50, and spousal support, which may be awarded based on factors like the length of the marriage and each spouse's financial situation. It's important to consult with a family law attorney to understand specific rights and entitlements.

What happens if you get divorced in a different state?

If you file for divorce in a different state from where you were married, the court will generally apply the laws of the state where you file. However, issues like property division and spousal support may still be influenced by the laws of the state where the marriage took place. Jurisdiction can also affect the outcome, so it's advisable to seek legal guidance.

Do I have to file a divorce in the state I was married in?

How to divorce a spouse who lives in another state?

To divorce a spouse living in another state, you can file for divorce in your state if you meet its residency requirements. Alternatively, you may file in the state where your spouse resides. It's essential to ensure that the court has jurisdiction over your spouse to address all relevant issues. Consulting with an attorney can help navigate this process.