Orlando Interstate Divorce Lawyer

Guiding You Through Divorce When Spouses Live in Different States

The Donna Hung Law Group practices family law in Orlando to help individuals navigate the unique challenges of interstate divorce. When spouses live in different states—or when a spouse has moved out of Florida before or during the divorce—complex jurisdictional questions can arise. These cases require a clear understanding of Florida’s residency requirements, multi-state custody laws, interstate service procedures, and enforcement of out-of-state orders. Whether you are filing for divorce in Florida or responding to a divorce filed elsewhere, our attorneys are here to protect your rights and guide you through every step of the process.

Clients of the Donna Hung Law Group receive strategic advice, practical guidance, and consistent support as they move through the legal complexities of interstate divorce. Our Orlando interstate divorce lawyers take a detail-focused, solution-oriented approach to ensure your case proceeds smoothly, efficiently, and with your best interests at the center.

Understanding Interstate Divorce

Interstate divorce occurs when spouses live in different states at the time of filing or when the marriage involves significant out-of-state elements. These cases often require resolving questions such as:

• Which state has jurisdiction to grant the divorce?
• Which state has jurisdiction over child custody?
• Which state’s laws apply to property division?
• How do you serve a spouse living out of state?
• How do you enforce or modify an out-of-state order?

Florida law provides clear guidelines, but real-world situations can be complicated.

Florida Residency Requirements

To file for divorce in Florida:

• At least one spouse must have lived in Florida for at least six months before filing.

Residency can be proven through:

• Florida driver’s license
• State identification card
• Voter registration
• Witness testimony

If neither spouse satisfies this requirement, Florida courts cannot grant the divorce.

Serving an Out-of-State Spouse

When one spouse lives outside Florida, service of process is still required. Options may include:

• Personal service by a process server in the spouse’s state
• Sheriff’s service
• Service by registered or certified mail (in select circumstances)
• Service by publication if the spouse cannot be found

Proper service ensures the divorce can proceed and protects your rights.

Jurisdiction Over Child Custody

Child custody is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA:

• The child’s “home state” usually determines jurisdiction
• Home state is where the child lived for six consecutive months prior to filing
• Florida may have jurisdiction if the child lives here
• Another state may have jurisdiction if the child recently moved

If parents live in different states, the court must determine which state is best positioned to handle custody matters. Our attorneys help ensure the correct jurisdiction is established.

Jurisdiction Over Property and Financial Issues

Interstate divorce can complicate financial matters, including:

• Property located outside Florida
• Out-of-state bank or investment accounts
• Real estate in multiple states
• Businesses or partnerships across state lines
• Retirement accounts governed by federal law

Florida courts generally have jurisdiction over marital property if one spouse lives in Florida, but certain out-of-state issues may require additional legal steps.

Enforcing Out-of-State Orders

When a divorce or custody order is issued in another state, Florida courts can enforce it under:

• The Full Faith and Credit Clause
• UCCJEA (custody orders)
• UIFSA (child support orders)

We assist with registering orders in Florida so they can be enforced or modified when legally appropriate.

Modifying Out-of-State Orders

Whether you can modify a custody or support order in Florida depends on:

• Where the child currently lives
• Which state issued the original order
• Whether both parents still live in the original state
• Whether Florida has become the child’s home state

Our attorneys determine whether Florida has jurisdiction to modify your order.

Military Interstate Divorce

Orlando is home to many military families. Military divorces can involve:

• Spouses living in different states or deployed abroad
• Federal laws governing pension division
• Residency exceptions for military members
• Delayed proceedings due to deployment

We help military families navigate these additional challenges.

Challenges Unique to Interstate Divorce

Interstate divorce often involves obstacles such as:

• Conflicting state laws
• Logistical challenges in communication
• Disagreements over jurisdiction
• Delays due to cross-state coordination
• Difficulty accessing out-of-state records
• Complex service requirements
• Multi-state enforcement issues

Our attorneys manage these challenges with careful planning and experienced legal strategy.

The Interstate Divorce Process in Florida

Interstate divorce follows a structured legal process.

Filing for Divorce

If Florida has jurisdiction, the divorce petition is filed in the appropriate county.

Service of Process Out of State

The spouse must be properly served according to Florida and the other state’s laws.

Jurisdiction Hearings

If there is a dispute over jurisdiction—especially involving custody—the court will hold a hearing.

Financial Disclosure

Both parties must provide financial affidavits and supporting documents, even when one spouse lives elsewhere.

Mediation

Florida requires mediation to try to resolve disputes before trial.

Trial

If no agreement is reached, the case proceeds to trial, where the judge makes final decisions.

Final Judgment

Once entered, the order can be enforced in Florida and other states.

What to Do If Your Spouse Lives in Another State

If you wish to file for divorce in Florida but your spouse lives elsewhere:

• Confirm your Florida residency
• Gather documents showing your spouse’s location
• Avoid delaying service of process
• Prepare for possible jurisdictional challenges
• Consult with an attorney early

Acting quickly helps prevent complications.

What to Do If You Were Served With a Florida Divorce from Another State

If you live outside Florida and were served with a Florida divorce:

• Do not ignore the paperwork
• Respond before deadlines expire
• Determine whether Florida has proper jurisdiction
• Consult with an attorney familiar with interstate issues
• Avoid communicating directly with your spouse about legal matters

You may be able to challenge jurisdiction or participate in the Florida proceedings.

Comprehensive Orlando Family Law Practice

The Donna Hung Law Group handles a wide range of family law matters that intersect with interstate issues, including:

• Divorce filings across state lines
• Interstate custody disputes
• Relocation cases
• Enforcement of out-of-state orders
• Registration of foreign judgments
• High net worth and complex asset division
• Paternity and child support
• Domestic violence injunctions

We provide knowledgeable, strategic representation tailored to your circumstances.

Orlando Family Courthouse Information

Interstate divorce cases are heard at the Ninth Judicial Circuit Court of Florida.

Orange County Courthouse
425 N. Orange Avenue
Orlando, FL 32801
Phone: (407) 836-2000
Website: www.ninthcircuit.org

These cases may involve significant coordination with courts and agencies in other states.

Orlando Interstate Divorce FAQs

Can I file for divorce in Florida if my spouse lives in another state?

Yes, if you meet Florida’s six-month residency requirement.

Who decides child custody in interstate divorce?

Usually the child’s home state under the UCCJEA.

What if both states claim jurisdiction?

A judge may hold a jurisdictional hearing, or courts may communicate directly to resolve the conflict.

Can Florida divide property located in another state?

Often yes, but additional legal steps may be needed.

How do I enforce a Florida order in another state?

You must register the order in that state for enforcement.

Serving Throughout Orlando

• Baldwin Park
• College Park
• Lake Nona
• Winter Park
• Thornton Park
• Dr. Phillips
• MetroWest
• Hunters Creek
• Avalon Park
• Windermere
• Celebration
• Waterford Lakes
• Mills 50 District
• Audubon Park
• Conway
• South Eola
• Bay Hill
• Lake Como
• Lake Mary
• Vista Lakes

Orlando Interstate Divorce Lawyers Here for You When You Need Us

At the Donna Hung Law Group, we understand the extra stress and complexity that interstate divorce brings. Whether you are initiating the process in Florida, responding to a petition filed from afar, or dealing with multi-state custody or support issues, our attorneys offer clear guidance and strong representation to protect your rights and your future.

Call the Donna Hung Law Group at 407-999-0099 to schedule a confidential consultation and receive trusted legal support in your interstate divorce case.