If you are filing for divorce, there are several things to consider. For some couples, the court or the venue where the divorce proceedings actually occur is one important consideration to make. There are several reasons why the court would change a divorce venue in the state of Florida, which creates a number of questions. The main ones being: Where will Florida allow you to get divorced, and what options do you have?
Where Are You able to Get a Divorce in Florida?
In the state of Florida, you must first petition for the dissolution of your marriage at the circuit court of the counter where you and your spouse reside. Make sure you understand that you or your spouse have to have been a resident of the state for at least six months before you can file for divorce in Florida.
After the divorce paperwork is filed; however, you have the option to move to a different city, state or even an entirely different country if you so desire.
What will happen if you move and need to change the venue for your divorce? While it depends on the specific circumstances of the case, you may be able to ask and receive a change of venue from the court.
Circumstances Leading to a Change in Divorce Venue
A summary of Florida Statute 47.122 is as follows:
- If it is more convenient of the parties or witnesses, or if it is the interest of justice, a court of correct can transfer a civil action to another court of record.
What it comes down to when making this decision is what location is going to be most convenient for all of the parties that are involved. The court will have to look at why you want to change the venue and figure out if relocating is the right option for everyone involved.
Also, if there are children involved, then the interest of the child is going to be a top priority because courts in Florida always put the child’s best interests first, just like they do in cases of time-sharing. To have this change of venue granted, the court is going to consider several factors, which include:
- The geographic location of each parent
- The continuity of parents in the child’s life
- The parents ability to keep their child protected from the litigation process
If the court discovers that the child’s life may be disrupted because the divorce is at a certain venue – regardless of if it is having to take time off from school or having to travel long distances – then the court will take action to make sure that the location is best for the child or children involved.
How a Divorce Attorney Can Help
Divorce is a stressful process and you should not have to worry about where the proceedings will actually occur. If you need help with your divorce, then contact the team of family law attorneys at The Law Offices of Aliette H. Carolan, P.A. by calling 305-358-2330.