Posted by Nydia Streets of Streets Law in Florida Divorce

How do you determine the county in which you should file your Florida divorce case when after separation, spouses move to different counties? Florida law states that venue is appropriate in the county in which the parties last resided together during their intact marriage. This was an issue in the case Huber v. Huber, 3D20-1228 (Fla. 3d DCA October 21, 2020).

The husband filed a petition for divorce in Miami-Dade County. He alleged in the petition that both the husband and the wife resided in Miami-Dade County. The wife filed an affidavit alleging she did not live in Pinellas County, that the marriage was last intact in Broward County and that venue should be transferred to where she resides. Without conducting a hearing, the trial court granted the wife’s motion for transfer of venue to Pinellas County, and the husband unsuccessfully sought a rehearing which prompted him to appeal.

The appellate court first noted that there was no error in the court entering the order without conducting a hearing because since the husband had not filed an affidavit in opposition to the wife’s affidavit about venue, there was no factual dispute. However, the appellate court held it was error for the court to transfer venue to Pinellas County, citing Crawford v. Crawford, 415 So. 2d 870, 870 (Fla. 1st DCA 1982): “Generally, the defendant's privilege of venue permits him to object to an action being maintained in a county other than the one where he resides, where the cause of action accrued, or where the property and litigation is located. If he is sued in one of these three places, he may not object on the ground of 'improper venue.' However, in a dissolution of marriage action, the trial court is to look to the single county where 'the intact marriage was last evidenced by a continuing union of partners who intended to remain and to remain married, indefinitely if not permanently.'“

Schedule your consultation with a Miami divorce lawyer to understand the rules that may apply to your case.