Do I Have to Live with My Soon-to-Be Ex?

Many states have certain requirements in order to file for divorce. One requirement that spouses may worry about is whether they have to live with their spouse for an extended period of time before they can file for divorce.

Below, our Jacksonville family law attorneys discuss whether this is true in the state of Florida.

Florida Divorce Requirements

A divorce is Florida is known as a “dissolution of marriage.” In order to file a dissolution of marriage in Florida, several requirements must be met, including:

• Either spouse must have lived in the state for at least six months prior to filing.

• The petition must be filed with the circuit court in the county where the petitioner lives. The respondent must be notified of the petition.

• The respondent must answer the petition with 20 days of receiving it.

• If the respondent fails to answer the petition, the petitioner may file a Motion for Default with the clerk of court and set a final hearing. The petitioner must then notify the respondent with a Notice of Hearing.

Therefore, the only living requirement that Florida has in order to file for divorce is that either spouse must have lived in the state for at least six months prior to filing.

If you live apart from your spouse, it’s in your best interest to work with an experienced family law attorney who can file all of the appropriate paperwork and make contact with your soon-to-be-ex in case they are unresponsive with you.

At Owenby Law, P.A., our Jacksonville family law attorneys have extensive experience helping spouses pursue a variety of methods to end their marriage in Florida.

Give us a call at (904) 770-3141 to schedule a consultation with our team.