HAZEL RUTH SIMPSON, APPELLANT,
v.
LEONARD BUFORD SIMPSON, APPELLEE
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The court held that a wife's residence for dissolution purposes is determined individually and does not automatically follow her husband's residence.
A wife filed for dissolution of marriage, but the trial court dismissed her petition, finding she had not met the state's residency requirement and th…
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PER CURIAM.
Appellant/wife timely appeals from an order dismissing her petition for dissolution of marriage. The trial court found that the wife had not resided in this state for six months immediately preceding the filing of her petition and that the appellee/husband was a resident of the State of Ohio. The record on appeal does not include a transcript of the hearing on appellant’s petition. The record does include the statements made on February 20, 1976 by the trial judge who presided at that hearing stating his recollection of the testimony and findings of fact. The judge stated at that time that
[a]s a matter of law, I don’t think the husband and wife can live together and have — can maintain separate residences.
While this is a correct statement of the common law rule it is no longer the law in Florida, and the trial court applied an incorrect principle of law. Residence of a wife does not necessarily follow that of her husband but is to be determined according to the facts pertinent to her as an individual. See, e. g., Bowers v. Bowers, 287 So. 2d 722 (Fla. 1st DCA 1973).
REVERSED and REMANDED for further appropriate proceedings.
HOBSON, A. C. J., and BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McCABE v. McCABE, 600 So. 2d 1181 (Fla. 5th DCA 1992)…l jurisdiction over the wife because the residence of a wife does not necessarily follow that of her husband when facts pertinent to her particular case indicate otherwise. Beaucamp v. Beaucamp, 508 So. 2d 419 (Fla. 2d DCA 1987); Simpson v. Simpson, 339 So. 2d 250 (Fla. 2d DCA 1976); Bowers v. Bowers, 287 So. 2d 722 (Fla. 1st DCA 1973). In the instant case the wife’s affidavit states that during the marriage she resided with her husband and her children in Connecticut and Maine; that upon leaving Maine the w…
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Georg Arthur Josef Maria Beaucamp v. Beaucamp, 508 So. 2d 419 (Fla. 2d DCA 1987)…icile follows that of her husband. McIntyre v. McIntyre, 53 So. 2d 824 (Fla.1951). The wife’s residence and domicile does not necessarily follow that of her husband when facts pertinent to her particular case determine otherwise. Simpson v. Simpson, 339 So. 2d 250 (Fla. 2d DCA 1976). When a petitioner divides the year between Florida and another place, residence is found to be in “the chief seat of his household affairs or home interests.” Chisholm v. Chisholm, 98 Fla. 1196, 125 So. 694 (1929). The meaning o…
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Copas v. Copas, 687 So. 2d 885 (Fla. 2d DCA 1997)…the parties to a dissolution action must reside in Florida six months before the petition is filed. A wife’s residence does not necessarily [*887] follow that of her husband and must be determined based on the facts of each case. Simpson v. Simpson, 339 So. 2d 250 (Fla. 2d DCA 1976). Residency under section 61.021 means “an actual presence in Florida coupled with an intention at that time to make Florida the residence.” Jenkins v. Jenkins, 556 So. 2d 441, 442 (Fla. 4th DCA) (citation and punctuation omitted),…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Aurora B. Bowers v. Bowers, 287 So. 2d 722 (Fla. 1st DCA 1973)