Q: Is it better to obtain a divorce in Florida or Alabama?

A: In order to get a divorce in Alabama, you must first meet residency requirements. Of course, I am sure this is the same in Florida. In Alabama when you file a complaint for divorce, you will state that you have been a resident of the State of Alabama for six months immediately preceding the filing of the complaint.

If there are children involved, you would likely want to get a divorce in the jurisdiction where the children will reside. This is because if there is a problem with visitation or child support, you can go back to that court and ask that the noncomplying party be held in contempt. Of course, this depends on the party who files the divorce. I recently had a client that lived in Alabama and whose wife lived in Florida. He wanted to divorce in Alabama. She, however, had not lived in Alabama for 10 years. The children of the parties lived in Florida and had actually never lived in Alabama. We went ahead and filed the complaint and the Defendant wife filed a motion to dismiss based on improper venue. However, for some reason, she decided to sign all of the papers and settle for a divorce in Alabama. Once she did that, she rendered herself subject to the jurisdiction of Alabama. From the time of the filing and for three years after, if she chooses to modify something in the divorce -- whether it be child support or visitation -- she will have to come back to Alabama to file. It works great for my client -- because he does not have to go to Florida. However, she may be disadvantaged.

Be sure to contact a divorce attorney in both states before you decide. Try to find out what the pros and cons are for both states. After you have done a little research, then make your decision. Of course, you are happy to give me a call to discuss your options. I would be happy to discuss your concerns with you anytime.