I have lived in my state for 3 years but my husband lives in another state, can I file here?

We own a home in TX and I came here to FL to take care of my parents, I thought my mom was going to pass away but she is still hanging in there. Anyway, I am afraid if we don’t sell the house now, he will lose it. He is back on drugs after 12 years of being clean. I don’t want to lose everything. My daughter lives there with him, and she is starting to pack things for me and put them in storage. I just want to know if I can file here in FL or if I have to file in TX?

Asked on December 18, 2018 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

This is an amendemnt to the previous answer. When filing for a divorce, a person can file in either the state in which they or their spouse legally resides. Typically, residency is established within 6 months (although it varies from state-to-state). Accordingly, if you have lived in FL for 3 years, you are now a FL resident and can therefore file there.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

When filing for a divorce, a person can file in either the state in which they or their spouse legally resides. Typically, residency is established within 6 months (although it varies from state-to-state). Accordingly, if you have lived in TX for 3 years,you are now a TX resident and can therefore file there.


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