If you and your spouse have separated and he or she has relocated to another state, it may be unclear as to where you should file for divorce. Should you file with the Broward County court system seeing that you still reside in the state of Florida or are you required to file the documents in the state in which your spouse now lives? The answer actually depends on what type of divorce you qualify to file for.

The state of Florida recognizes two types of divorce, a regular divorce, or dissolution of marriage, and a simplified divorce. If you aren’t sure what the criteria is that you must meet in order to file for either type, we have taken the time to outline it for you below.

In order to file for a simplified divorce in the state of Florida:

• Both parties must agree to file for a simplified divorce.
• You and your spouse cannot have any minor or dependent children.
• You and your spouse cannot have any adopted children who are under the age of 18.
• Neither party is pregnant.
• Both parties have agreed on how assets and debts will be divided.
• Neither party is seeking alimony.
• Both parties are in agreement that the marriage is irretrievably broken.
• At least one of the parties has lived in Florida for the past six months.

So, if you have been living in Broward County for the past six months, meet the following criteria stipulated above but your spouse moved to another state, you are still permitted to file for a simplified dissolution of marriage in the state of FL. However, both you and your spouse will be required to show up together to appear before a judge at the time the final dissolution is granted.

What if I don’t meet the eligibility requirements to file for a simplified divorce? Can I still file in Florida if my spouse relocated to another state?

If you don’t meet the criteria listed above, you will need to file for a regular divorce, or dissolution of marriage and can do so “with the circuit court in the county where you and your spouse last lived together or in a county where either party resides” [Source: The Florida Bar]. The two of you must still acknowledge that your marriage is irretrievably broken. Therefore, to answer the initial question, yes, you can file for either type of divorce in Broward County even when your spouse has moved to another state so as long as you meet the criteria we have outlined above.

Who can help me file for divorce in Broward County, FL?

If you live in Hollywood, FL or a neighboring city and you are planning on filing for divorce, contact FL divorce attorney Jodie Bassichis today. If your spouse lives out of state, you are going to want to have a legal expert assisting you with getting all the required documents filed and ensuring your spouse is served with the petition for divorce. Now, you will likely run into some difficulties with getting certain matters resolved such as those that involve child custody or child support if you are filing for a regular divorce which is why you need to have a Hollywood, FL divorce lawyer helping you.

Now, if you would like to learn more about what The Law Offices of Jodie Bassichis, P.A. can do you for you, contact us now at 954-963-7300.

The Law Offices of Jodie Bassichis, P.A. is located at:

Jodie Bassichis, PA

4700 Sheridan Street, Suite J

Hollywood, Florida 33021

(954) 963-7300

jbassichislaw@gmail.com

www.FloridaDivorceSource.com