If both my husband and I are residents of the same state but I am moving out of state., where should I begin divorce proceedings?

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If both my husband and I are residents of the same state but I am moving out of state., where should I begin divorce proceedings?

I currently have legal residency in FL but live in NE. My husband currently lives in FL. I would like to begin divorce proceedings and don’t know if I should change my address to NE. What are the legal consequences? Technically, I have lived in NE for over 6 months but still have a FL driver’s liscense and a voter’s registration card and all my billing addresses remain in FL.

Asked on November 11, 2016 under Family Law, Nebraska

Answers:

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

Answered 7 years ago | Contributor

You can file in whatever state either you or your spouse legally resides. In your case, if living in NE for 6 months makes you a legal resident, then you can file there; simply having a FL driver's license does not make to a resident of FL. Additionally, you an also file in the state in which your husband resides, which awould be FL.


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