Divorce is a challenging process in any situation, but it becomes even more complicated when your spouse relocates to another state. Whether they’ve moved for work, to be closer to family, or for a fresh start, a long-distance divorce adds layers of logistical, legal, financial and emotional complexity. However, there are many ways to navigate a two-state divorce.
Determining Jurisdiction
One of the first challenges in a long-distance divorce is determining which state has jurisdiction over the case. If your spouse files in a state where you don’t live, the court may not have jurisdiction over you unless you have significant ties to that state, such as property ownership, employment or frequent visits. For instance, to file for divorce in Florida, at least one spouse must have been a state resident for six months before filing. This residency requirement allows Florida courts to handle the process. Even if your spouse moves out of Florida, you may still file for divorce there as long as you meet the residency criteria.
Complications may arise if your spouse tries to file in their new state of residence, potentially leading to a jurisdictional dispute. The court will need to decide which state is the proper venue for the divorce. Generally, the state where the divorce is first filed has jurisdiction, but the complexities of interstate legal systems may require additional legal action. If the court in the other state lacks jurisdiction, you could challenge the proceedings.
It’s essential to understand that divorce laws vary from state to state, as does property division, spousal support, and residency requirements—and your spouse’s new state might have less favorable laws for you.
Determining Assets
Florida is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally. This includes assets like homes, vehicles, bank accounts, and retirement funds acquired during the marriage. Even if your spouse resides in another state, Florida’s rules for asset division still apply. Distributing assets across states can become more complicated, especially if your spouse has acquired a property in their new home state. If assets are in another state, Florida and the other state’s courts may need to get involved to determine where all the assets are physically located, each spouse’s financial situation, and if there was a prenuptial agreement before the marriage. This state-to-state communication between jurisdictions can make the process longer and more complex.
Higher Costs
A long-distance divorce can also quickly become more expensive, with travel costs for court appearances and attorney meetings, particularly if frequent long-distance travel is required. You also may need legal representation in the state where your spouse has filed for divorce, even if you already have an attorney in your home state, resulting in double legal fees. Coordinating with out-of-state legal teams while managing your work schedule and child custody responsibilities can lead to more complex negotiations, delays, and stress on top of any financial strain.
Child Custody & Visitation
Child custody and visitation arrangements often become the most contentious aspects of a long-distance divorce, as is the case for most divorces. In Florida, child custody is called “parental responsibility,” and courts prioritize the child’s best interests. Factors like the stability of each parent’s home, the child’s relationship with each parent, and each parent’s ability to meet the child’s needs are considered. The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by 49 states (all except Massachusetts), helps resolve custody-related jurisdictional disputes by providing a clear legal framework determining which state can make and enforce custody decisions. If your divorce is amicable, mediation can help reach a mutually beneficial custody agreement, avoiding lengthy legal battles and keeping you and your children from living in limbo.
While divorce is rarely easy, the added challenge of a spouse moving to another state can be managed with proper legal support and an understanding of how your state’s laws interact with those of other states. Whether you’re concerned about where to file, how to manage custody arrangements, or how to divide assets, navigating these challenges successfully by focusing on the best outcome for your family will ensure you do not become a cautionary divorce tale.
