Posted by Nydia Streets of Streets Law in Florida Divorce
If parties separate and one spouse moves to a different county than the other spouse, in which Florida county should the petition for divorce be filed? Florida law states venue is proper where the spouses last resided during their intact marriage with the intent to remain married. What if one spouse moved to another county to escape alleged domestic violence by the other spouse? This issue arose in the recent appellate case Dlin v. Dlin, 3D19-1042 (Fla. 3d DCA November 20, 2019).
The parties were married in Orange County, Florida and then moved to Volusia County. Eventually, the wife moved to Miami-Dade County to escape domestic violence. She filed for and was granted an injunction for protection against domestic violence in Miami-Dade County. Thereafter, the wife filed a petition for dissolution of marriage in Miami-Dade County. Prior to the husband being served with this petition, he filed his own petition for divorce in Volusia County. When he was served with the Miami-Dade petition, the husband filed a motion to dismiss, arguing venue was improper. His motion to dismiss was denied. His Volusia County case was dismissed as well upon the wife’s motion. The husband appealed the denial of his motion to dismiss in Miami-Dade County.
Finding the standard of review to be abuse of discretion for motions regarding venue, the appellate court sided with the husband. It held “Here, the parties have filed competing petitions for dissolution in different counties, at different times, and with different procedural outcomes. There are an abundance of cases in Florida, however, holding that a cause of action for dissolution accrues, for purposes of applying the venue statute, in the single county where the parties last lived together with a common intent to remain married. [. . .] This is true even when one spouse moves to another county to escape the marriage, the situation presented in the facts before us.” Thus it was of no consequence that the wife moved to Miami-Dade County to escape domestic violence - the divorce must still proceed in the county where the parties last resided as husband and wife.
To avoid potentially costly and time-consuming venue issues in your Florida divorce case, it is important to consult with a Miami divorce lawyer to understand how to appropriately file your case. A meeting may help you decide the best way to move forward.