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Husband filed divorce in Florida, but wont file for final hearing- can I RE-file in GA?

Flowery Branch, GA |

My husband filed for a divorce in Florida back in January of 2011. At first it was contested (my decision), then uncontested (I filed a MSA)- and now, HE wont file for a final hearing. I was told that I could file for a final hearing because I filed a counter petition- but that the Judge's Assistant needs to speak with the original petitioner first. He refuses to call the JA, and the JA refuses to call my husband. I now live in Georgia and have since Jan 2011. Can I re-file for a divorce HERE and get it? I can't do anything in Florida from what I have been told- aside from filing a notice of Non Jury and waiting a year or more for the Judge to see it- if he ever does. If I CAN'T re-file in GA- what CAN I do? Can I force a divorce in FL WITHOUT waiting a year? I am wanting to remarry.

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Attorney answers 3


If you have resided in Georgia for over six months you can file for divorce here. I would discuss the Florida divorce with someone in Florida before moving forward with an action here. I know it is very frustrating for you and you feel like you are stuck between a rock and hard place. I know some Florida attorneys and would be happy to discuss your Georiga options with you and we may be able to get some information on your Florida situation. Feel free to contact me at (678) 994-4091.

This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.



Thank you Wesley. I will contact you tomorrow, if that is okay? As stated before, I have contacted Florida attnys, Judge's assistants (both circuit and county)- and get the same response from all of them "I, the respondent, can't do anything". I am sick of feeling like I have no say-so in this process.


Can you? If you have lived here for more than 6 months, yes. But, what makes more sense is checking with a Florida Family Law attorney to see about speeding up the process on the divorce action already filed.

The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.



I have spoken with Florida Divorce attorney's and I keep getting the same response "I can do nothing without the original Petitioner's approval." Judge's Assistants say the same thing. That is why I am wondering- if I can't do anything in FL- can I file for a divorce here, so I can be the petitioner? From what I have been told, Florida's divorce process is currently so backed up, they are just NOW seeing requested hearings, or what have you, from Jan of 2011.

A James Rockefeller

A James Rockefeller


It takes a MINIMUM of 6 months from the date of service before you can be granted a divorce, if he files an answer to a pleading filed in Georgia, and contests your filing. Most divorces here take between 9 and 15 months to be finalized on average.


You qualify to file a divorce action in Georgia since you've resided in Georgia for at least six (6) months. However, you cannot have a divorce action pending in two different states at the same time.

You should either re-submit your question in Florida or speak with a Florida divorce attorney. Someone familiar with Florida divorce laws would be able to advise you as to how to obtain a final hearing when the Plaintiff/Petitioner is refusing to cooperate. (Concluding the pending Florida divorce may prove to be more cost effective than starting all over again in Georgia).

If you are not able to obtain useful information on concluding matters in Florida, or if you just don't want to do so, then you would need to have the Florida action closed/dismissed.

Good luck in obtaining a dissolution of your marriage.

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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