Relocating to Florida Before Your Divorce for Reduced Alimony

If you’re approaching divorce, you may have heard that Florida has abolished permanent alimony. If you live in a different state or country, this might sound like a great idea. What if you relocated to Florida in order to take advantage of this relatively new development? Is it possible? What about your ex? Could they stop you from filing your divorce in Florida? These are questions you might want to explore with an Orlando alimony attorney.

Florida’s Residency Requirements for Divorce

If you plan to file for divorce in Florida, you must relocate to the Sunshine State and live there for at least six months. During this time, you must demonstrate the intent to live in Florida indefinitely. Consider renting a home or purchasing a property in Florida to show that you plan to stay here for the foreseeable future.

You might also want to avoid unnecessary trips or vacations out of the state. Although a few short trips are probably fine, extended absences could “restart the clock” and make it difficult to meet Florida’s residency requirements.

Note that only one spouse needs to live in the state for six months. Your ex can remain elsewhere, and you would still have the right to file for divorce in Florida.

What if My Ex Doesn’t Want Florida to Handle the Divorce?

If your ex doesn’t want to go through the divorce in Florida, they may file their own divorce papers in their home state or nation. This could lead to a “jurisdictional dispute” in which both courts need to decide who has the authority to oversee the divorce. In some cases, the spouse who files for divorce first may have an advantage. In other words, you might be able to move forward with a Florida-based divorce if you act quickly.

Of course, your spouse will have an obvious advantage if they already meet the residency requirements of another state. In contrast, you’ll need to spend at least six months in Florida before you can file here. This could give your ex a considerable head start.

As a result of these issues, you might want to convince your ex that filing for divorce in Florida is a smart choice. Your ex might be convinced to handle the divorce in Florida because the state lacks a mandatory separation period. In other states, you might have to wait a year or longer to begin your divorce.

Can an Orlando Alimony Attorney Help Me? 

If you are considering whether or not to relocate to Florida before filing for divorce here, you might want to talk to an alimony lawyer in Orlando. These legal professionals can help you assess your options and the various requirements needed to file for divorce in Florida. Residency requirements and other laws can be complex, and the most appropriate way forward probably depends on your unique circumstances. Continue this conversation with Steve Marsee, P.A. today.

Sources:

 leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.021.html

flcourts-media.flcourts.gov/content/download/685808/file_pdf/901b1.pdf