Can my mother stand in for me at my divorce hearing ifI reside in another state?

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Can my mother stand in for me at my divorce hearing ifI reside in another state?

My husband and I have lived apart for almost 2 years. I do not know how to reach him and he skipped out on our last divorce hearing a year ago. I refiled for divorce while home visiting my family. I live in FL and would like to know if my mother can stand in for me when my divorce hearing takes place or do I have to fly back to WV?

Asked on January 31, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Why, may I ask, did you re-file in Wyoming?  If you are a resident of Florida and fit the residency requirements for filing a divorce action then you could have filed there.  Here is the Florida Law:

"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. The dissolution of marriage can be filed in the county in which either or both spouses reside. (Florida Statutes - Chapters: 61.021)."

Please make sure that your petition in Wyoming is valid as well now since you no longer live there and did not live there when you filed.  I would strongly suggest that you consult with an attorney on this matter.  You have a lot of issues to deal with besides residency like locating your ex to serve him (same problem no matter where you file).  Good luck to you.


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