Divorcing While in the Military
Question: I’ve been in the Army, stationed in Japan, for two years. I’m from Florida, my husband is from South Dakota, and we were married in San Diego. I’ve always kept my legal residence as my parents’ house in Tampa. My HOR (Home of Residence) in the Army, is declared as Florida. Can I file [...]
Question: I’ve been in the Army, stationed in Japan, for two years. I’m from Florida, my husband is from South Dakota, and we were married in San Diego. I’ve always kept my legal residence as my parents’ house in Tampa. My HOR (Home of Residence) in the Army, is declared as Florida. Can I file divorce in Florida?
Answer: Yes, you can file here. You don’t lose your Florida residence or citizenship by virtue of being in the military. There is a catch, though. Make sure you have a Florida driver’s license of voter ID. That’s how you’ll prove to the judge that you are really a Florida citizen and “resident.” Many (probably most) judges will allow you to do your divorce hearing, which takes about five minutes if niether of you is disputing property, debt, alimony, or child issues, by telephone. To do your hearing by telephone, you’ll have to get permission from the judge’s office first, and schedule it well in advance. You’ll also have to have a notary present on your end of the line, and make sure a copy of your driver’s license or voter ID has been filed with the clerk so that the judge can look at it while you testify over the phone.

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