Conservative podcaster Elijah Schaffer filed for divorce in Palm Beach County, Florida on January 22, 2025, weeks after his wife Kezia filed first in Texas. The dueling filings in two states raise immediate jurisdiction questions under Fla. Stat. § 61.021, which requires at least one spouse to have been a Florida resident for six months before filing. For Florida residents watching this unfold, the case is a real-world example of how multi-state divorce filings get resolved and why filing location matters more than most people realize.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Kezia Schaffer filed for divorce in Texas; Elijah Schaffer counter-filed in Palm Beach County, Florida on January 22, 2025 |
| Who is involved | Elijah Schaffer, conservative podcaster; Kezia Schaffer, his wife; Sarah Stock, alleged employee involved in affair |
| Key allegation | Leaked audio from Milo Yiannopoulos allegedly captures Stock admitting to a six-month affair beginning at CPAC 2025 |
| Florida statute at issue | Fla. Stat. § 61.021 (residency requirement: 6 months) |
| Texas filing | Kezia filed first in Texas, establishing potential priority jurisdiction |
| Public fallout | Schaffer posted now-deleted claims that his wife "took the kids" and he did not know their location, sparking viral backlash |
Why Competing Divorce Filings in Two States Create Real Legal Problems
When spouses file for divorce in different states, only one court ultimately takes the case. The legal term is "concurrent jurisdiction," and it gets resolved through a combination of state residency rules, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and sometimes direct communication between judges in both states.
The first-filed rule generally gives priority to whichever court received a petition first, but that presumption is not absolute. Courts weigh several factors: which state is the "home state" of the children under the UCCJEA, where each spouse meets residency requirements, and where the bulk of marital assets are located. In cases with children, the UCCJEA almost always controls where custody is decided, regardless of which parent filed first.
According to Newsweek's reporting, Kezia Schaffer filed in Texas before Elijah filed in Florida. That Texas filing date becomes significant in any jurisdictional dispute. Florida courts can still accept a case if the filing spouse meets Fla. Stat. § 61.021 residency requirements, but when a competing petition exists, the court must determine which forum is proper before proceeding on the merits.
How Florida Handles Residency, Custody Jurisdiction, and Public Claims About Children
Florida requires that at least one party has resided in the state for a minimum of six months immediately before filing, as set out in Fla. Stat. § 61.021. That residency must be established through a Florida driver's license, voter registration, testimony, or other corroborating evidence. Simply owning property in Florida or spending time there does not satisfy the statute.
For child custody, Florida adopted the UCCJEA under Fla. Stat. § 61.514-61.542. The critical concept is "home state" jurisdiction: the state where the child has lived with a parent for at least six consecutive months immediately before the custody proceeding. If the children primarily lived in Texas, Texas courts would likely have home state jurisdiction over parenting arrangements, even if one parent filed in Florida.
Florida law under Fla. Stat. § 61.13 requires courts to establish a parenting plan that addresses time-sharing, decision-making authority, and communication between parents. Florida courts apply a "best interests of the child" standard that considers 20 specific statutory factors, including each parent's willingness to facilitate a relationship with the other parent.
Schaffer's now-deleted social media posts claiming his wife "took the kids" and that he did not know their whereabouts drew enormous public attention. Without commenting on the specifics of this case, Florida law is clear on this point: Fla. Stat. § 61.45 addresses interference with custody and time-sharing. A parent who believes the other parent has violated a court order can file a motion for contempt or enforcement. However, before any court order exists, both parents generally have equal rights to the children. Making public accusations about a spouse's parenting during active litigation can be introduced as evidence bearing on the statutory best-interests factors, particularly the factor addressing each parent's willingness to encourage a close parent-child relationship.
Practical Takeaways for Florida Residents Facing Multi-State Divorce
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Filing first matters but does not guarantee jurisdiction. If your spouse files in another state before you file in Florida, the first-filed case has procedural priority, though Florida courts can still accept jurisdiction if residency and UCCJEA requirements are met.
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Establish and document Florida residency before filing. Under Fla. Stat. § 61.021, you need six months of continuous Florida residency. Gather your Florida driver's license, utility bills, lease or mortgage documents, and voter registration as proof.
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The children's home state controls custody jurisdiction. Under the UCCJEA (Fla. Stat. § 61.521), the state where children have lived for six consecutive months before filing has jurisdiction over parenting arrangements. Moving children to a new state shortly before filing does not automatically change home state status.
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Do not litigate your divorce on social media. Posts about your spouse, your children, or the details of your case can be used as evidence. Florida courts consider each parent's conduct when evaluating the 20 best-interests factors under Fla. Stat. § 61.13. Deleted posts are frequently recovered through discovery.
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Consult a Florida family law attorney immediately if you receive notice of an out-of-state filing. You typically have 20 to 30 days to respond to a divorce petition, and failing to respond can result in a default judgment in the other state.
Frequently Asked Questions
Can my spouse file for divorce in a different state than where I filed?
Yes. There is no rule preventing both spouses from filing in different states simultaneously. When competing petitions exist, the courts communicate under the UCCJEA and general comity principles to determine which state has proper jurisdiction. The first-filed petition in Texas or Florida generally gets priority, but the children's home state under Fla. Stat. § 61.521 controls custody.
Does Florida require you to prove fault to get a divorce?
No. Florida is a pure no-fault divorce state under Fla. Stat. § 61.052. The only ground required is that the marriage is "irretrievably broken." Evidence of an affair does not affect grounds for divorce, though it can be relevant to alimony determinations under Fla. Stat. § 61.08 if marital funds were spent on the extramarital relationship.
Can deleted social media posts be used against me in a Florida divorce?
Yes. Florida courts routinely admit social media evidence in divorce proceedings. Deleted posts can be recovered through formal discovery requests, subpoenas to platforms, or forensic analysis. Under Florida Rule of Civil Procedure 1.350, parties can request production of electronically stored information, including deleted content from the prior 12 to 24 months.
What happens to child custody when parents live in different states?
The UCCJEA, adopted in Florida under Fla. Stat. § 61.514-61.542, requires that custody be decided in the children's "home state," defined as the state where the child lived for six consecutive months before the proceeding. If children lived in Texas for the prior six months, Texas courts would have jurisdiction over parenting arrangements regardless of where either parent filed.
Does cheating affect divorce outcomes in Florida?
Florida does not consider adultery when dividing property, but it can affect alimony. Under Fla. Stat. § 61.08, courts may consider "the adultery of either spouse" when determining alimony amount and duration. If a spouse spent marital funds on an affair, the court may also account for that dissipation of assets during equitable distribution under Fla. Stat. § 61.075.
The Schaffer divorce is still in its early stages across two states. Whatever the outcome, it highlights how jurisdiction battles, social media missteps, and public scrutiny can complicate an already difficult process.
If you are considering divorce in Florida or facing a multi-state filing situation, speaking with a local family law attorney early can help you understand your options and protect your interests.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.