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Florida Law - What if a Spouse Lives Out of State? The court will grant a divorce even if only one party resides in Florida. However, the other spouse must at least be notified. The other spouse should be given a reasonable opportunity to respond. The other spouse's response may include a defense against the divorce, but most often it relates to issues of property division, child support and spousal maintenance. If the other spouse can not actually be found, the court will require that a good faith effort using reasonable means to locate the other party have been tried. If only one party is involved in the court proceeding the court will not settle the property, alimony, and support issues, but it can grant the divorce. The property, alimony, and support issues will then be dealt with in a later court proceeding. Section 61.021 Cases: Orbe (1995) 651 So2d 1295 (court should have given Florida resident a chance to correct an improper statement in his description of his six-month residency). Davis v Dieujuste (1986) 496 So2d 806 (need to have the party in court to do a division of property rights and obligations).
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