Legal Question in Family Law in Florida

My eleven year old daughter and I, have been Florida residents for ten months as of July 15th. We used to reside in NY. My spouse had started a child custody case in Queens county (NY), then started a divorce case in King county (NY). I was the divorce case was dismissed on July 14th, as neither one of us showed up to the hearing on that date. We had a court date for August 3rd, but apparently my spouses attorney did not put in the "stipulation" in writing to get court date switched from July 14th to August 3rd.

My question is, can I start a (contested) divorce case here in Florida? Will I be responsible for his legal fees, being that I am looking to serve him with divorce papers?


Asked on 7/19/10, 11:12 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If there are no other actions filed, you may proceed in filing for a divorce. HOwever, since you will be servingthe Respondent, you will probably need to file in New York - the county in which he lives unless he agrees to waive jurisidiction.

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Answered on 7/19/10, 2:18 pm


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