Can you file for divorce in Florida if your spouse lives elsewhere? Yes, but only if you meet Florida’s residency requirement. Under Florida Statute § 61.021, at least one spouse must have lived in Florida for at least six months before filing for divorce. If you’re the one filing, you must prove your residency with a Florida driver’s license, voter registration, a Florida non-driver’s license identification card, state or federal tax records, a utility bill with your name and Florida address on it, or a witness affidavit.
However, filing is just the first step. Florida courts need personal jurisdiction over your out-of-state spouse to make rulings on alimony, child support, or property division. This is where things get complicated.
Does Florida Have Jurisdiction Over Your Out-of-State Spouse?
Florida courts automatically have jurisdiction to dissolve the marriage as long as one spouse meets the residency requirement. But if you need the court to divide assets, assign debts, or order support payments, the court must also have personal jurisdiction over your spouse.
Under Florida’s “long-arm” statute (§ 48.193), a Florida court can exercise jurisdiction over an out-of-state spouse if:
- The spouse lived with you in Florida during the marriage.
- They own property or conduct business in Florida.
- They caused injury or financial obligations in Florida (e.g., child support, shared debts).
If your spouse has no meaningful ties to Florida, the court may be able to dissolve the marriage but not rule on financial issues. In that case, alimony or asset disputes may have to be handled in the spouse’s current state of residenceir home state.
How Do You Serve Divorce Papers to an Out-of-State Spouse?
Once you file for divorce in Cape Coral, you must legally serve your spouse with divorce papers. This is called service of process, and Florida law requires you to follow specific rules depending on where your spouse lives.
- Personal Service – If your spouse has a known address, you must use a sheriff or process server in their state to hand-deliver the summons and petition. Florida courts accept service as long as it follows the other state’s rules.
- Certified Mail – Some states allow service via certified mail, as long as your spouse signs for it.
- Service by Publication – If you don’t know where your spouse lives and have made reasonable efforts to find them, you may ask the court for service by publication. This involves placing a legal notice in an approved newspaper. However, this method limits the court’s ability to rule on financial issues.
At Bergermann Law Firm, one of our family lawyers can help coordinate service in another state, ensuring the divorce process moves forward without unnecessary delays.
What Happens If Your Spouse Ignores the Divorce?
If your spouse fails to respond within 20 days, you can request a default divorce under Florida Family Law Rule 12.140. This means the court may grant the divorce without their input, based on the terms you requested in your petition.
A default divorce is often the fastest way to finalize a case when a spouse is uncooperative. However, courts will still require proof of fairness in asset division, child support, and custody arrangements before approving a final judgment.
Dividing Assets and Debts Across State Lines
Florida follows equitable distribution rules, meaning assets and debts are divided fairly but not necessarily equally. If both spouses agree on how to divide property, they can draft a marital settlement agreement and submit it to the court.
But what if you and your spouse own property in another state? Florida courts can award out-of-state property to one spouse, but they cannot force an out-of-state spouse to transfer it unless they have jurisdiction over them. If Florida lacks jurisdiction, you may need to file a separate legal action in the state where the property is located.
How Child Custody and Support Work in Interstate Divorces
If children are involved, Florida courts follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine which state has authority over custody decisions. Typically, the child’s “home state” (where they’ve lived for the past six months) will have jurisdiction over custody matters.
Child support is handled under Florida Statute § 61.30 and follows income-based guidelines. If the paying parent lives out of state, Florida can enforce support through the Uniform Interstate Family Support Act (UIFSA), allowing cooperation between state agencies to ensure payments are collected.
How a Family Lawyer Can Help
Interstate divorces involve complex jurisdictional issues, multi-state legal procedures, and additional hurdles for property division and support enforcement. OurAn experienced Cape Coral family lawyers can:
- Determine if Florida has jurisdiction over your spouse.
- Ensure proper service of divorce papers.
- Navigate child custody and support across state lines.
- Handle out-of-state property disputes.
- Expedite the process if your spouse refuses to respond.
Every case is unique, but having the right legal strategy can prevent delays, protect your rights, and streamline your divorce.
Divorcing an Out-of-State Spouse?
Divorcing someone in another state is challenging, but it doesn’t have to be overwhelming. With the right legal approach, weyou can finalize your divorce efficiently—even if your spouse lives miles away or refuses to cooperate.
Need help filing for divorce in Cape Coral? Contact our office today at (239) 334-0075 for a consultation.
