Can a tourist visa marriage prohibit me from claiming residence in Florida and seeking a divorce?
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I currently reside in Florida on a non-immigrant visa. Can a tourist visa marriage prohibit me from claiming residence in Florida and seeking a divorce?
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Florida requires, for divorce purposes, that one of the spouses reside 6 months in the state before filing the petition for dissolution. There must be both a presence in Florida and an intention at that time on the part of the petitioning spouse to make the state his or her home. A continuous presence during the six-month period prior to filing the divorce petition is not required. Pursuant to the Florida Statutes, "in order to obtain a divorce the complainant must have resided ninety days in the State of Florida before the filing of the bill of complaint." The court has stated that one may come to Florida, establish a residence of 90 days in good faith, and then initiate a divorce action before becoming a citizen. Therefore, citizenship is not required under the Florida Statutes for divorce purposes.
Posted by Yara Zakharia on 28 Apr 2010
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