What state do I file for divorce in?

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What state do I file for divorce in?

I got married in Oct of 2006, and we separated in less than a year. We were both residents of Washington state at the time. Since then both of us have moved to separate states. He has maintained residence in Nebraska, and I’ve moved several times. Until recently my ID stated that I was a resident of Florida. I changed my ID not even a week ago to my new state of South Carolina. I do not meet the residency requirements for South Carolina, but my ID is no longer Florida.. Am I still able to file in the state of Florida? Filing in Nebraska is not an option.

Asked on June 23, 2009 under Family Law, South Carolina

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To obtain a divorce in Florida, you must reside 6 months in the state before filing the petition. I don't know how long you lived in Florida, but if you didn't live there at least 6 months then you can't file in Florida.


If you do file in Florida, and you don't meet the residency requirement, your petition will be dismissed.

If you did live in Florida for at least 6 months, I'm not sure if you meet the residency requirement anymore because you never filed a petition for divorce in Florida before moving to South Carolina and you now hold an ID from South Carolina. I would contact the Florida family law court in the county where you lived in Florida and find out from them if this situation meets the residency requirement.


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