LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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Question #117

My husband and I were married at the NY County Clerks office in 2005. The marriage has deteriorated steadily since then. I moved to Florida in 2006. He moved here a few weeks ago, but the marriage is not improving and steadily growing worse. Can I file for a divorce from the state of Florida if I married in New York? If we are both residents of Florida state, can we file for a divorce here? If I am the one divorcing him, am I subject to Alimony laws? Any information would be much appreciated. Thank you. 

Each state has different residency requirements before it will assume jurisdiction in a matrimonial case. In NY, you must be living in the state for one year.

Check to see what FL’s residency requirement is. Once you have satisfied that residency requirement you can file there.

Your question regarding Spousal Support (Alimony) will depend upon several factors such as the length of the marriage, who was supporting the family when you were living together, the discrepancy between the incomes, etc.

It does not depend on who is the plaintiff and who is the defendant.

Leonard M. Weiner, Divorce Solutions

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