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Remarrying After a Divorce That May Not Have Been Completed

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  • 09-13-2017, 03:14 PM
    Mr. Knowitall
    Re: Remarrying After a Divorce That May Not Have Been Completed
    Quote:

    Quoting llworking
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    The person who files for divorce files where they live. If she were the one filing she would file where she lives.

    Following relocation to another state, subject to residency requirements, state law typically allows you to file a divorce case either in the state and county where you are domiciled, or the state and county where your spouse is domiciled.

    In Florida, a divorce case may be filed in either the county in which the defendant is domiciled or the county in which the parties last lived with a common intent to remain married; if the defendant spouse did not reside in Florida during the marital relationship, the plaintiff may file a divorce case in the county where the plaintiff resides.
    Quote:

    Quoting llworking
    If there are children and property involved there can be practical exceptions to that however.

    Just as the division of the marital estate would normally occur in the state where the parties lived during the marriage, a custody case would normally be filed in the state in which the children are domiciled -- but for division of property, if both spouses agree, you can litigate in the location of either spouse's domicile.
    Quote:

    Quoting llworking
    Custody can only be decided in the state where the children live

    Although the UCCJEA follows the six month home state rule for an initial custody determination, the home state may decline jurisdiction based upon a finding that the other state is the more appropriate forum for a custody determination -- and if the parents agree to litigate custody in a state other than the home state, that's near certain to occur. Where there is a dispute, the parent seeking to litigate elsewhere would typically start a custody case in the children's home state, then ask the other court to cede jurisdiction under the UCCJEA.
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