Are you required to file for divorce in the county you live in?

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Are you required to file for divorce in the county you live in?

My wife and I have been separated for more than 6 years. We would like to amicably end our marriage. We both live in the same county but she doesn’t want to file in this county. We went told that we could file in the adjoining county since there are no children or property involved. Is that correct?

Asked on September 15, 2016 under Family Law, Florida

Answers:

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

Answered 5 years ago | Contributor

A states has jurisdiction over venue (i.e. where anlegal action can be filed). My research suggests that FL's rules of civil procedure don't specifically state where a divorce action has to be filed with a simple divorce. Therefore, it appears that you can file in the county where you or your spouse lives but you can opt not to. To be certain of this and all of your rights, you should consult with a local divirce attoreny or at leat contact the court in the county in which you want to file.

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

Answered 5 years ago | Contributor

A states has jurisdiction over venue (i.e. where anlegal action can be filed). My research suggests that FL's rules of civil procedure don't specifically state where a divorce action has to be filed with a simple divorce. Therefore, it appears that you can file in the county where you or your spouse lives but you can opt not to. To be certain of this and all of your rights, you should consult with a local divirce attoreny or at leat contact the court in the county in which you want to file.


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