Can a divorce case be dismissed because of false residency facts?

Divorce attorney Jason BowmanQuestion:

If the driver’s license used to file a divorce petition contains false and incorrect information is it a reason for dismissal of the action?

It does not match the residency statements on the suit and is not accurate in the residency facts.

Answer:

First let me preface my answer by stating that I am not licensed in the state of Florida. Cordell & Cordell does have attorneys who are licensed in Florida who would be happy to discuss your case with you.

Every state has residency requirements that at least one party must meet in order for a Court in that state to assume jurisdiction over the case. If neither party meets the residency requirement, then the Court would lack jurisdiction and the case should ultimately be dismissed in order for the parties to file in the correct state.

However, if you are referring to a party that is filing in the wrong county, then an absolute dismissal may not happen. When filing a divorce action, parties usually have to file in the proper state and county. In some states, parties can agree to file in a county that they do not reside for privacy reasons. You should check with an attorney in your state to find the specific residency requirements of your state.

 

Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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