Legal Question in Family Law in Florida
My son got married in Ohio in 2009, while he was an enlisted soldier in the Army. His new wife stayed with parents while he worked on getting base housing set up for him and his new wife and her two children (not his children). Four months later, when he got the housing, he went up to Ohio to visit and move them down. She at that time told him she didn't want to be married to him anymore and they have been separated ever since. Neither of them have filed for divorce yet. He is now out of the Army and has moved back home to Florida to start his life over. What doe he need to do to file for divorce? He thinks he has to file in Ohio because he got married there, but I told him he should ask an attorney. Thank you.
3 Answers from Attorneys
If he has lived in Florida for the past six months or declared Florida his HOR while he was in the military, he may file in Florida.
If the Wife was not a Florida resident, never lived here, Husband should ask for uncontested dissolution of marriage in Florida, after he has been physically present for 181 days, or if he enlisted from Florida.. Florida court may dissolve marriage but not get involved in children's issues. If Wife is seeking child support or wants to attempt to tie him to kids, dissolution would have to be in Ohio.
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