Legal Question in Family Law in Florida
divorce/relocation
Okay, I have been legally married for 6 years, but separated for 3 years. We had three children during the marraige. I have a child support order that he doesn't pay regularly or even pay the full amount in the order on a regular basis. He lives 30 min away and doesn't see his kids or call his kids except for on Christmas, and birthdays. I have been offered a job and a house in Alabama making more money and paying less for a mortgage than what I am here in Florida, so I would be able to provide a better life for the children. It is 8 hours away from my current location. My child support papers state that I am the custodial parent. There has not been visitation legally set with the children and he hasn't taken all of the necessary steps so that I can file the divorce papers and get the ball rolling. My question is, if I move to Al would it be considered illegal, and should I file the divorce papers prior to leaving the state or can I file in another state?
2 Answers from Attorneys
Re: divorce/relocation
This is a hard queston.As you might guess he could argue the relocation case in the seperation or divorce case(but it seems neither case has been moving). I would suggest you send me an e-mail with you phone # and I will call you to discuss further.AS a result of the better job now is the best time to push the issue.
sincerely,
Re: divorce/relocation
What do you mean by "he hasn't taken all of the necessary steps so that I can file the divorce papers . . ."? He cannot stop you from getting a divorce. A relatively new law has been passed in Florida dealing with relocations in excess of 50 miles. The new law puts the burden upon the person seeking to relocate with children, to prove the relocation would be in the children's best interests. From your e-mail, it sounds like you can probably meet the burden, but you need to proceed the right way. With a divorce, you have to meet the residency requirements before a Court can assert jurisdiction. Assuming you have been a resident of Florida for at least 6 months, Florida would be a proper State to file for divorce. Even if you relocated, as long as your spouse has been a resident for 6 months, you could still file for divorce here. In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.
The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
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