Out of State Divorce
Florida can grant a divorce to a resident of Florida but has no authority over the non-resident except in certain cases:
- The couple maintained a home in Florida as husband and wife (See Florida Statute 48.193); or
- The spouse living outside of Florida is personally served the divorce petition within Florida; or
- The spouse living outside of Florida waives his/ her right to contest jurisdiction.
For instance, if the spouse responds to the divorce petition without raising the issue of jurisdiction in the initial response the spouse will subject himself/ herself to the jurisdiction of the court automatically and cannot challenge jurisdiction at a later time.
If a divorce is filed in a state other than where the marriage took place, it can be very complex. In those instances, the laws of that state will normally apply
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