AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Question My husband filed for divorce but his attorney filed in the wrong county. It
said we lived in broward county for 6 months but we actually lived in miami-
dade county for 5 months and 2 weeks. Can the case be dismissed for both
reasons: wrong county and not quite 6 months yet? If so when he re-files
correctly will they still honor his original file date from the first filing or will it
start all over with a new case filing date
Answer Hi Amy, if one or both of you has resided within Florida for at least 6 months then any county in the state has jurisdiction to hear the divorce action. If neither of you has lived in Florida for that time period then Florida does not have jurisdiction and the case should be dismissed upon the hearing of a Motion for Dismissal. If one of you have not lived in the county in which the action has been filed and there is no other connection between the marriage and that county then the case will be ordered to the court in a county with proper venue to hear the case but the case is not dismissed and the original filing date will be retained.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
