Where You File for Divorce Is Especially Important for Florida Military Spouses

Where You File for Divorce Is Especially Important for Florida Military Spouses

As a general rule, Florida spouses can only file for divorce in Florida, the state in which they live. Unlike civilian spouses, military spouses tend to have options on where to file for divorce.

For example, suppose a military couple was married in Florida, but they are living in South Carolina and own property there. Then, assume the couple was recently relocated to California by the military and the military spouse was stationed in the state long enough to establish residency. This fact pattern is a commonly lived reality for many military spouses, ensuring that the typical military spouse can choose to file for divorce in multiple states.

Does It Matter Where a Military Spouse Files for Divorce?

Simply put, where you file for divorce matters a great deal. To this end, military couples tend to have better legal options than spouses who can only file for divorce in the state where they live.

The ability for a spouse to choose where they will file empowers the spouse to choose the best jurisdiction for specific divorce needs and legal issues.

Where Can Military Spouses File for Divorce?

Some military spouses incorrectly assume they can only file for divorce in the state where they were married. This is not the case. Plenty of states, including Florida, allow military spouses to file for divorce in Florida if they live in the state or are stationed in Florida.

Further, military spouses may also be able to file for divorce in a state where the couple:

 

• Own property
• Established permanent residence
• Last lived together as a couple

Given the fact you will likely have options on which jurisdiction to choose in a military divorce, it is helpful to know why Florida tends to be a wise choice for a divorcing military spouse.

Why Military Spouses Choose to File in Florida

One of the primary reasons why Florida is a desirable divorce jurisdiction for military divorce relates to the state’s views on separation requirements. In Florida, there is no length of separation needed to file for divorce.

Effectively, you can file for divorce as soon as you believe the marriage is irreparably harmed or cannot be reconciled. In other states, there is often a separation or waiting period before a party can file for a no-fault divorce. Taking the states used in the military marriage example at the article’s outset (California and South Carolina), these states have a 6 month post-filing date and one year waiting period, respectively.

For more information, contact The McKinney Law Group for a legal consultation to determine whether Florida is the best jurisdiction for your military divorce.