Divorcing a spouse who resides in another state may feel uncertain, but rest assured—if you now live in Florida, you can file for divorce here, even if your spouse has never set foot in the state.
At Mindful Divorce, P.A., we bring over 16 years of experience helping families through divorce in Palm Beach County. We understand how important it is to protect your privacy, preserve family relationships, and resolve matters efficiently—especially when your spouse is out of state. Whether you’re navigating parenting across state lines or dividing a high net worth estate, we’re here to help.
Florida’s Residency Requirement
Before you can file for divorce in Florida, you must meet a simple legal requirement: you must have lived in Florida for at least six months prior to filing. Your spouse does not need to live in Florida, nor do you need to have married in Florida.
If you reside in Palm Beach County, your case will be filed in the Fifteenth Judicial Circuit.
Do I Have to Serve My Spouse with a Lawsuit?
No—if you choose the Collaborative Divorce process, formal legal service is not required. There are no process servers, no courthouse conflict, and no “gotcha” tactics. Instead, both spouses sign a Collaborative Participation Agreement and give their mutual consent to Florida’s jurisdiction.
The Collaborative process is built on respect, transparency, and joint decision-making. It allows both spouses to remain in control of the outcome and avoid the adversarial courtroom experience. When spouses live in different states, we conduct team meetings virtually using secure video conferencing, making the process efficient and accessible.
If your spouse chooses not to participate collaboratively, then yes—formal legal service may be required. If that occurs, our office is fully prepared to assist you through the traditional process with care and professionalism.
Collaborative Divorce Shines by Helping You Co-Parent Across State Lines
When parents live in different states, maintaining a healthy co-parenting relationship can be challenging—but not impossible. Through the Collaborative process, you and your spouse will work with professionals—including a neutral facilitator and, if needed, a child specialist—to build a customized parenting plan that reflects your children’s needs.
We routinely help parents develop flexible time-sharing schedules that consider travel logistics, school breaks, work obligations, extracurricular activities, and holiday traditions. And because Collaborative Divorce prioritizes open communication and long-term solutions, we ensure that support remains available even after your divorce is finalized.
Rather than litigating custody across borders, Collaborative Divorce keeps you focused on creating a strong, cooperative parenting plan that works in real life.
The Bottom Line: Collaborative Divorce Works—Even Across State Lines
Spouses do not need to live in the same state to resolve their divorce through the Collaborative process. With a skilled team and a shared commitment to resolution, Collaborative Divorce can cross borders without crossing swords. It’s private, respectful, and designed to protect your family’s future—especially when you want to avoid the courtroom.
We Can Help
If you’re ready to move forward in Florida while your spouse lives elsewhere, we’re here to support you every step of the way. At Mindful Divorce, P.A., we help families like yours resolve complex divorce matters with clarity, compassion, and confidence.
Contact Mindful Divorce, P.A.: A Collaborative Divorce Law Firm in Palm Beach County, Florida
📞 Call us at (561) 537-8227
📅 Or click the button below to schedule your divorce consultation.
Let us help you move forward—with peace of mind and a clear path ahead.
Helpful Resources for Florida Families
- Florida Academy of Collaborative Professionals
- Florida Family Law Forms
- Child Specialists for Collaborative Divorce (ask us for referrals)
