Which county should I file my divorce papers at?
Recently updated on December 6th, 2023 at 12:20 am
Figuring out divorce proceedings, especially where to file and how to prepare the divorce papers, can be complex. So, for filing divorce papers, individual states within USA have jurisdiction over spouses and counties have venue. It means the judges in that counties are the only ones who can rule on your divorces. You should file your divorce in the county where you and your spouse lived when you decided to end your marriage, but you can opt not to. For example, you and your spouse may have last lived together in Florida's Panhandle region, but you relocated to Miami-Dade County when you broke up. If the court overseeing your divorce is hundreds of miles from your new home, that could be problematic. Thus, you have the option of filing in Miami-Dade County instead, or any other county.
- The spouse who files the divorce, can have right to choose the county of venue.
- After you file the divorce, your divorce will proceed in that county unless you spouse objects about.
- If your spouse has objection, he must file a motion with the court to do this.
- He must argue that a different county should preside over your divorce.
- Alternatively, he can object to your choice of venue in his answer in divorce petition.
- He has the burden of proof to convince the judge that your divorce proceedings should move to another county.
- If your spouse does nothing, the law assumes he has waived his right to object the divorce county for venue.
- Convenience is obviously a factor when you chose a county for divorce.
- You have to appear at the courthouse every time and you would not have to drive countless miles.
- If you have children, Florida requires you attending a parenting class before the court grants your divorce.
- You can do this online in most Florida counties.
- In Duval County, you have to attend the class in person.
- Most states have their own residency requirements for those people who wish to file for divorce in the State.
- In Lincoln County, it might not have to hear a petition to modify a parenting plan if neither party live there.
- It would mean that to pay a new filing fee in the appropriate county to have it filed where it needs to be heard.
- For filing divorce in California, you and your spouse must have lived in the state for Six Months and one of the state’s counties for the previous Three Months.
- Before filing for divorce, you will most likely need to comply with not only your state’s residency, but also Local County or district residency requirements.