Legal Question in Family Law in Florida

Divorce

Is there a differance in filing or procedure when both parties live in different states - one is a Florida resident and one is s South Carolina resident


Asked on 4/26/09, 8:55 am

2 Answers from Attorneys

Mark Hanks Attorney Hanks, P.A.

Re: Divorce

Procedures will likely differ from state to state. But what your divorce can accomplish will depend on which state has jurisdiction over what issue in the divorce. If you have kids, only the state where they have lived for the past 6 months, can decide those issues. If you have real property, only the state in which the property is located, can force the house to be sold. And if one state has no personal jurisdiction over one of the parties (that person has not lived there and has no significant ties to that state), without that parties' agreement, that state cannot distribute assets or liabilities.

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Answered on 4/26/09, 3:51 pm
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Divorce

Procedure and substantive law can vary widely from state to state, so it is very important that you understand the differences before deciding whether to file in FL or SC.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/27/09, 9:13 pm


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