I was married in my native country, do I have to go back to divorce?

South Florida is a multicultural place. There are innumerable families that come from South America and from all over the world, to start a new life. They come with the children, sometimes leaving behind property or businesses. When marital problems arise, a very common question is: Must I divorce in the country I was married? The answer is no.

Regardless of where you got married, if you or your spouse have lived in Florida for at least six months, either one can file for divorce here. Please note that only one of the spouses must fulfill the residence requirement, not both.

To be a resident, for divorce purposes, the person must have been actually present in Florida with the intent to make Florida his or her place of residence.  This does not mean that the person has to be physically present in Florida for the entire 6-month period, he or she can travel outside Florida and still be considered a resident.

Also, and for divorce purposes, you don’t need to be a citizen of the United States or have a green card to be considered resident either, the immigration status does not determine, by itself, whether you can file for divorce in Florida or not.

The determination of the spouses’ residence requires a fact intensive analysis. Please call me for a free initial consultation, where you will be able to evaluate, without obligation, your particular combination of circumstances.

Photo credit: NASA Goddard Space Flight Center