Regardless of whether your spouse and children live in another country, you are still entitled to file for divorce in Florida. The only requirement for filing is that you have been a “resident” of the State of Florida at least six months prior to filing a Petition. A “resident” in this instance does not have the same meaning as a “legal permanent resident” used in Immigration Law. It simply means you have been residing in Florida for at least six months regardless of your immigration status.
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Many foreign nationals who reside in Florida fail to pursue a divorce in the United States under the erroneous belief that they do not have the option to do so. However, obtaining a divorce (or as Florida calls it a “dissolution of marriage”) is usually less expensive and much quicker, especially where certain Latin countries are concerned. It should be noted that while Florida courts will have jurisdiction to grant a dissolution of marriage to an individual residing in the state, Florida courts do not have jurisdiction over property outside the United States nor children who are not present in the state. Those issues will have to be tackled where the children reside and/or the international property is located.
From the moment you step into our Miami offices, we will work with you to address all of your divorce and immigration concerns. Our divorce attorney, S. G. Morrow & Associates, is bilingual in Spanish and English, and can help explain your options in your native language. We are dedicated to helping our clients find solutions.
From child custody to the division of marital property, individuals pursuing an international or non-resident divorce have many concerns that require proper and thorough attention. Again, if you have children or property outside the United States, Florida courts do not have any jurisdiction, but if you have children here, they will be part of the plan.
We have represented clients from around the world in international divorce and immigration proceedings, including the following regions:
Prospective clients call us from all over the world inquiring whether they can file their divorce in the state of Florida.
Florida has a six-month residency requirement for Dissolution of Marriage actions.
In order to file a divorce in the state of Florida, one of the parties must have lived in Florida at least six months prior to the filing of the Dissolution of Marriage. However, the six-month requirement does not apply to actual residents of the State of Florida who have been living abroad.
For example, one of our clients is a Swiss national who met and married her husband in Miami. When the marriage did not work out, our she returned to her native Switzerland. She later found that she could not get a divorce in Switzerland. Additionally, the Husband had moved without a forwarding address or phone number. She contacted our offices, and we located the Husband’s current Florida driver’s license proving that the husband was a Florida Resident. On that basis she was able to get divorced.
It is possible for a foreigner to get a divorce in the USA. At the Miami Law Offices of S. G. Morrow & Associates, we will help you take care of all your divorce, immigration, and family law concerns. Contact us today for more information about our family law and immigration law counsel in Spanish and English. Hablamos español.