Can I file for a divorce in NY if my husband changes his legal address to our Florida house and files before me?
3 attorney answers
As long as you have jurisdiction in NY, then you can file in NY, however, if he meets FL requirements, he can file there. I strongly suggest you speak with an attorney asap, as the law is different in both locals and one might be much more beneficial to you.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
Whether or not your husband can file for a divorce in Florida depends on his residency status. You should file divorce in NY before he has the option to file in Florida, if you want the case to be heard here.
There are residency requirements that must be met for your husband to be able to file for divorce should he change his legal address to Florida. If you are considering a divorce, I would suggest that you file for divorce in New York before he can meet the Florida residency requirements. Good luck!
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