Legal Question in Family Law in Florida
Husband cheated and 13 weeks pregnant
My sister is 13 weeks preg. and just found out last week her husband has been cheating on her for 2 years of their 2 yr. and 4mos. of marriage. She has all the phone records, text records, emails, which the girlfriend provided as proof. She and her husb. live in NC but since she is at a critical stage of preg. she brought her two dogs and came to be with my Dad and her family here in Florida (Brevard County). She is very confussed by leagal adivce from NC and doesn't know what to do. Should she file in North Carolina for seperation and then become a Fla. Resident after 6 mos. and file for divorce here or does she have to file for both in NC? Her husband is still there living in their house. Thank you so much.
1 Answer from Attorneys
Re: Husband cheated and 13 weeks pregnant
She does have to be a resident of Florida at least 6 months prior to petitioning here. It can be done more quickly if she files in NC. Or, she can wait the 6 months and file here. But, the husband may file in NC himself while she waits for the 6 months here...
If she starts an action in NC with a legal separation, for instance (if they have such thing there; we don't), NC will have jurisdiction.