How do my spouse and I divorce if we are in separate states?

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How do my spouse and I divorce if we are in separate states?

My wife and I were married while I was still in the military and she was relocated to her home while I served overseas. While on tour she decided that she didn’t wish to continue the marriage and wanted it dissolved. We own no assets or property together, have no children, or anything else binding. I am in FL and she is in NY living with another man. FL has a simple dissolution divorce, but it requires for both parties to have lived in state for 6 months and requires the presence of both parties to finalize the divorce. However this isn’t option for neither of us.

Asked on May 19, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

I think that you have misread the statute in Florida.  I believe that you are referring to the grounds for divorce as "irretrievably broken" which is basically a no-fault divorce and a simple way for parties to go their separate ways. But the only party that has a residency requirement of 6 months is the Petitioner - the person who brings the divorce action - which would be you.  The court is concerned about having jurisdiction over your wife but if she consent to the divorce she can accept service of the pleadings and waive answering thereby moving things along. It seems that you have no assets or other issues to resolve so it should go smoothly.  Seek legal help here.  Good luck.


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