Establishing FL residency for divorce

[albania406]

I am wondering if I can still establish FL residency for purposes of filing for divorce in FL. I was raised in FL. I lived there for 18 years. I have a valid drivers license with a FL address. I am registered to vote in FL, though using an absentee ballot because I went to undergraduate and law school out of state and I currently work out of state. My Last Will and Testament indicates that I am a FL resident. I went to undergrad, immediately after went to law school, and immediately after that joined the military. I've essentially been able to keep my FL drivers license because I was a student the whole time after I left and then joined the Army. I am licensed to practice law in the state of MD, but I practice as a Judge Advocate with the Army in NC. FL courts require residency for 6 months prior to filing. Although the the forms say a license is sufficient to prove this, I have not lived in FL for almost 10 years. My husband knows this and could contest that fact if he wants to be difficult. Can I adequately establish FL residency given the facts above? FL family law attorneys, help a colleague out! Thank you.

 

[LdiJ]

I am wondering if I can still establish FL residency for purposes of filing for divorce in FL. I was raised in FL. I lived there for 18 years. I have a valid drivers license with a FL address. I am registered to vote in FL, though using an absentee ballot because I went to undergraduate and law school out of state and I currently work out of state. My Last Will and Testament indicates that I am a FL resident. I went to undergrad, immediately after went to law school, and immediately after that joined the military. I've essentially been able to keep my FL drivers license because I was a student the whole time after I left and then joined the Army. I am licensed to practice law in the state of MD, but I practice as a Judge Advocate with the Army in NC. FL courts require residency for 6 months prior to filing. Although the the forms say a license is sufficient to prove this, I have not lived in FL for almost 10 years. My husband knows this and could contest that fact if he wants to be difficult. Can I adequately establish FL residency given the facts above? FL family law attorneys, help a colleague out! Thank you.

Why do you want FL to have jurisdiction over the divorce? Are you still military?

 

[Silverplum]

I am wondering if I can still establish FL residency for purposes of filing for divorce in FL. I was raised in FL. I lived there for 18 years. I have a valid drivers license with a FL address. I am registered to vote in FL, though using an absentee ballot because I went to undergraduate and law school out of state and I currently work out of state. My Last Will and Testament indicates that I am a FL resident. I went to undergrad, immediately after went to law school, and immediately after that joined the military. I've essentially been able to keep my FL drivers license because I was a student the whole time after I left and then joined the Army. I am licensed to practice law in the state of MD, but I practice as a Judge Advocate with the Army in NC. FL courts require residency for 6 months prior to filing. Although the the forms say a license is sufficient to prove this, I have not lived in FL for almost 10 years. My husband knows this and could contest that fact if he wants to be difficult. Can I adequately establish FL residency given the facts above? FL family law attorneys, help a colleague out! Thank you.

I'm not a FL attorney (or in any state), so all I'm authorized to do is bold stuff.

 

[single317dad]

When your husband contests your filing on jurisdictional grounds (and he surely will if Florida is not a logical or convenient venue for him), your argument in favor might center around Mikulec v. Mikulec, 47 So.3d 851 (Fla. 4th DCA 2010), Cleveland v. Cleveland, 692 So.2d 304, 305 (Fla. 4th DCA 1997), and Coons v. Coons, 765 So.2d 167, 170 (Fla. 1st DCA 2000). Unfortunately for you, his counter with Jenkins v. Jenkins, 556 So.2d 441, 442 (Fla. 4th DCA 1990) and Gillman v. Gillman, 413 So.2d 412, 413 (Fla. 4th DCA 1982), wherein the court held that “an actual presence in Florida coupled with an intention at that time to make Florida the residence” is a requirement of residency should prove successful. The court went so far in Gilman as to rule that maintenance of a vacation home was insufficient, and you don't even have that.

Just for giggles, here are Florida's residency requirements for voting:

http://soe.dos.state.fl.us/pdf/guidelinesvoterresidencyupdated_02-2012.pdf