If I Live In Orlando, Florida Area, Where Do I File A Marital and Family Law Case?
- January 22, 2018
- ontarget
- Divorce, Family Law
- 0 Comments
If you live in the Orlando, Florida area and you have NO MINOR CHILDREN, then you file your divorce case in the county where you last lived as a married couple. You or your spouse must have been a resident of the state of Florida for 6 months prior to filing your divorce. You can prove that you were a Florida resident by filing a copy of your driver’s license along with your petition for dissolution as proof that you lived in Florida for 6 months prior to the filing of your divorce. You can also prove this by presenting a residency witness affidavit from a neighbor or friend. That is a notarized pleading stating that your neighbor or friend knows that you have lived in Florida for 6 months prior to filing the dissolution of marriage.
If you are filing for divorce and HAVE MINOR CHILDREN, again, you file the dissolution of marriage in the county where you last resided as a married couple. You must also file a UCCJEA affidavit that is a notarized statement stating where each of your children has lived for the last 5 years. If the children have moved and currently live in another county or state, the custody jurisdiction may be in another county or state than the divorce. The UCCJEA controls. The proper place is where the children have lived the last 6 months.
If you are filing a paternity case, you may file the paternity case in the county where the petitioner or respondent lives. However, if the there is a custody issue involved with the paternity case, you will need to file a UCCJEA. That will control custody jurisdiction. The proper county to file in is the county where the child has lived the last 6 months.
When you file a custody case, it is based on the UCCJEA. You file the custody action in the county where the child has lived the last 6 months.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only; and it does not form an attorney-client privilege.