What is the correct court of jurisdiction for a divorce filing?

UPDATED: Feb 16, 2012

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What is the correct court of jurisdiction for a divorce filing?

We have lived apart for 7 years. He now resides in one state and I live in another. The kids reside with me and visit him in the summer. We have a child support order from a third state; he never resided there I did for 2 years. We were married and lived together only in a fourth state. He has now filred for divorce in his state of residence. Can I contest the jurisdiction of this petition?

Asked on February 16, 2012 under Family Law, Florida


Betsy Fischer / Betsy A. Fischer LLC

Answered 10 years ago | Contributor

Usually, if you have resided in a state over 6 months, you are a resident and can file a divorce in that state.  If he is filing for custody of the children in his divorce petition, I would object to the jurisdiction of the custody being determined in that state.  I recommend you contact an attorney to have the pleadings reviewed.

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