Live in New York Married in Florida

by Jenn from Lancaster, New York

I live in NY state but I married and obtained my marriage license in Florida.

If I want to get divorced, must I travel to Florida?

Answer to Florida Divorce Question

Dear Jenn,

The quick and easy answer to your question is NO, you do not have to travel to Florida.

If your spouse still resides in Florida, either one of you can file for divorce in the county where he currently lives.

When your divorce papers are served, you can answer with the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage, Form 12.903(a),.

Have a look at our web-powered instructions page for Form 12.901(b)(3) for more information and links to all of the necessary divorce forms.

Or why not have all of your divorce documents professionally prepared with our Petition Preparer service. Florida Divorce Documents packages start at just $95.00 complete. Just ask us for a free quote.

New York Divorce Procedure

If filing for divorce in Florida is not a viable option, you can file for divorce in New York instead.

While New York's residency requirements may seem quite involved, as long as you are a resident of New York or the cause for the divorce took place in New York, you can file for divorce in the county where you currently reside.

If the cause did not happen in New York State then either you or your spouse must have lived in the state for at least two years prior to filing.

If the action for divorce took place in the state, then you only need to be a resident for one year prior to filing.

For detailed information on how to file for divorce in New York State, consult NYS Unified Court System website for more information.

Like New York, Florida also has a residency requirement of 6 months prior to filing. The process of obtaining a divorce is also similar between New York and Florida.

First, the petitioner or plaintiff begins the process by obtaining, filling out, and filing all necessary divorce forms with the appropriate court.

Once everything is filed, you must notify your spouse that he or she is being sued for divorce by a process known as "service" and allow him to file an answer.

If you can both agree on how to split everything, the process will be cheaper and quicker. In fact, in many uncontested cases, both parties do not even have to attend the final hearing.

If the divorce case is contested, you will have to face each other in court and allow the judge to decide how to split everything via a trial.

In either case, as the plaintiff or petitioner, you will just need to attend your scheduled hearing and ensure that all paperwork is in order before facing the judge.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
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