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Where Should You File for Divorce?

When filing for divorce, you typically must do so in the state you or your spouse currently lives in. Increasingly, however, couples who own multiple homes located in different states, or who reside apart from each other different states, are finding they have options.

In these cases, the couple should take into account a number of factors to help them determine where to file for divorce:

  • Convenience: In some cases, it might simply be easiest to file for divorce in the court closest to you.
  • State filing and processing: Different states take different amounts of time to grant a divorce. The amount of time it takes even varies from court to court. In addition, different states require different procedures for filing and documentation.
  • Property: If you have property issues to work out, they may require the involvement of a court in the state where your property is located - particularly if one spouse lives in another state.
  • Spousal support: The laws regarding the awarding and arrangement of alimony differ from state to state.
  • Prenuptial agreements: Although some courts will uphold the original arrangements of a prenuptial agreement, others will actually dismiss the agreement if the court finds its terms to be drastically unfair to one spouse.
  • Child custody laws: If children are involved, the custody arrangements may have to be made by a court in the children's current or previous home state.

These are just some of the factors you and your spouse should consider when deciding where to file for divorce. To learn more about the regulations associated with divorce in Florida, consult a knowledgeable Orlando lawyer.

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