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 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 greatly appreciated. Thank you.

Each State has different residency requirements before it will assume jurisdiction
in a matrimonial case. In NY, generally you must be living in the state for 1 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 a number of factors such as the length of
the marriage, who was supporting the family when you were living together, the discrepency between the incomes, etc.
It does not depend on who is the plaintiff and who is the defendant.

Leonard M. Weiner, Divorce Solutions