Broadly, the term “venue” in the legal context refers to the court or courts in which a plaintiff may file a lawsuit. Florida has a statute with three distinct bases for determining proper venue, which state courts have repeatedly interpreted in the context of a divorce proceeding.
The Florida venue statute says that a civil action can be filed “only in the county where the defendant resides, where the cause of action accrued or where the property in litigation is located,” except if the defendant is a nonresident.
Venue selection
First, the Florida Supreme Court has said that of these three bases for venue, “where the property in litigation is located” does not apply to divorce petitions. The court explained in Goedmakers v. Goedmakers that this refers to a “local action,” meaning a proceeding against “property having a fixed location” within a particular county.
In such a suit, venue would only be in the courts within that county because a legal matter relating to the property is the “underlying major question in the case.”
Rather than being local, a divorce proceeding is “personal or transitory,” where the underlying main issue in the case is the legal termination of the marriage, even if there are issues related to property division or ownership within the divorce.
Second, courts have generally held that venue based on “where the cause of action accrued” in a divorce action means the venue is proper in courts in the last county where the parties lived together with the mutual intention to stay married.
Third, Florida courts have also allowed venue in the county where the respondent lives, meaning the spouse who is responding to the petition. This is the only basis for venue if the place where the parties last resided together intending to continue their marriage was outside of Florida, so long as the respondent lives in Florida.
Other logistical detail considerations
If a Florida resident of at least six months wants to sue for divorce but their spouse lives out of state and they have never lived together in Florida, courts have said the Florida spouse may file in any county in the state.
The Supreme Court in Goedmakers advised that the petitioner in a divorce must include the legal basis for the venue they chose on their petition form.
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When you consult with one of our skilled divorce attorneys, they will take the time to analyze your situation and advise you of your venue options, along with any other considerations relevant to the decision of where you would need to file your petition.
While navigating divorce may feel overwhelming, it is important to remember that you are not alone on this journey. Call our office today at 954-859-1715 or reach out to us through our online contact form.