Which County Is the Right Place to File a Florida Divorce Case?

The last county where the couple lived together, with a common intent to remain married.  The term the court uses to describe the correct county to file a case is “venue.”

A responding party can consent to venue.  So, if both parties agree, a divorce case may be filed in a different county.  For example, a divorcing couple might agree to file in an adjacent county for privacy reasons.  However, if the responding party objects, the case will be moved from the “wrong” county back to the county where the couple last lived together.

The way the courts describe the venue requirement is as follows:  “The law is well settled in Florida that a cause of action for a dissolution of marriage arises in the Florida County in which both parties last resided with a common intent to remain married.”

In addition to filing the case in the correct venue, the Florida court also needs to have what is called “subject matter jurisdiction” and “personal jurisdiction” over the opposing party.  These jurisdiction questions are beyond the scope of this article, and are something you discuss with an attorney.

This website is packed with information about divorce in Florida.  If you would like to find out more, a good place to start is here:  Divorce.

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