Divorce in Two States - Where to File

[Kelly7]

My question involves a marriage in the state of: FL, IN.

I am not sure which state to file a divorce proceeding in. Any advice would be appreciated. I was married in Florida 18 years ago, and lived in a home my husband bought 8 days prior to our marriage with VA financing. This is the only home we ever lived in during our marriage and our child (we have one) grew up there.

I left my husband in 2009 (DV) and moved in with family in Indiana. He has a very high-paying job, his house (and has always made it very clear to me it's not my home) and family members in high court positions. I haven't filed for divorce before because I couldn't afford a lawyer.

I think my husband may be inaccurate on the home belonging to him only, though my name has never been on the title. I don't receive any financial help from him and never have, though in the 15 years we lived together, my paychecks were deposited in our joint account and he paid mortgage and other bills from this account. (He had a separate account but I had no access to it and didn't even know about it until shortly before I left him.)

He will not divorce me (refuses). I'm new to this and it's intimidating, but one problem is that Indiana lawyers don't usually deal with marital property or possibility of alimony, to my knowledge, yet traveling to Florida would be a financial hardship for me. I believe I am an Indiana resident now, but not sure a lawyer here could help me.

Thank you very much.

[jk]

I believe I am an Indiana resident now, but not sure a lawyer here could help me.

You need a lawyer that practices in whatever state you file the suit in.

I believe you can file in either your state (Indiana) or his state (Florida). Each state simply requires one of the parties involved to have lived in the state for a minimum of 6 months. I saw nothing to preclude that from allowing the out of state resident to file in the other parties state.




If you file in Florida, Florida law will apply and you will have to attend court and hearings in Florida. If you file in Indiana, Indiana law will be applied and the court and hearings will take place in Indiana.

[Kelly7]

Thank you very much for your reply.

I guess I am confused because Indiana is not an alimony state, as Florida is. If (big if) the house he lives in, in Florida, is marital property, could that be determined in an Indiana court?

[Mr. Knowitall]

If you believe it is in your advantage to file for divorce in Florida, file for divorce in Florida. It sounds like the best venue given that it's where you lived as a married couple and appears to be where the bulk of the assets are located. If you file in Indiana, as your ex- has zero contact with that state, you should expect that unless he consents to jurisdiction you'll be litigating the property division issues in Florida even if you get a judgment of divorce in Indiana.

[jk]

I guess I am confused because Indiana is not an alimony state, as Florida is.

If you file in Indiana, Indiana law will apply. If you file in Florida, Florida law will apply.

There is another problem with you considering filing in Indiana though: if he does not accept personal jurisdiction by the Indiana courts, the courts cannot hear the divorce. If he does accept personal jurisdiction for this matter, Indiana law will apply to the divorce. Since he is a resident of Florida, they obviously have personal jurisdiction over him.

[Kelly7]

Thank you -- that is very helpful. I didn't know anyone had to consent to jurisdiction but it makes sense.

- - - Updated - - -

Good to know. Thank you so much. I appreciate your help.

[Mr. Knowitall]

If she files in Indiana and her husband consents to having the issues decided under Indiana law, Indiana can decide the matter under Indiana law. If he does not consent, as they do not have personal jurisdiction over him, assuming that fact is properly conveyed to the court the Indiana court can still grant a judgment of divorce but cannot address other issues (such as the marital estate located in Florida).

[jk]

If she files in Indiana and her husband consents to having the issues decided under Indiana law, Indiana can decide the matter under Indiana law. If he does not consent, as they do not have personal jurisdiction over him, assuming that fact is properly conveyed to the court the Indiana court can still grant a judgment of divorce but cannot address other issues (such as the marital estate located in Florida).

thanks for the correct K.

[Kelly7]

Thanks to both of you. Do you know if a lawyer can practice in more than one state? I have no idea how to find a lawyer long distance but will read more.

[jk]

Thanks to both of you. Do you know if a lawyer can practice in more than one state? I have no idea how to find a lawyer long distance but will read more.

a lawyer can practice in as many states as he is licensed in. In some cases, even a lawyer who is not licensed in a given state can practice in another state if he has a sponsor in that state. (don't know if that would be applicable in your situation though)

Given the fact there are a lot of snowbirds in Indiana that head to Florida in the winter, I would think you might be able to find a lawyer who is licensed to practice in both states but I still wouldn't count on it. Be warned that if he has to travel, it will get really expensive.

You can contact the bar association of the state you are seeking a lawyer for a referral.

http://www.floridabar.org/tfb/tfbcon...2?opendocument

http://www.floridabar.org/divpgm/lro...rral6?openform