QUESTION

Can I file for divorce in one state even though I married in another state?

Asked on Aug 14th, 2013 on Divorce - Florida
More details to this question:
I want to get divorce from my husband, but I have been struggling finding a lawyer and filing for divorce. This is because I have a domestic battery no charges against me, and a restriction order I held against my husband but denied for lack of evidence. We have a 3 years old child in common. He committed adultery prior to going overseas, but now he is Virginia. He is a member of the Navy. We are separated for almost 2 years. I don't know what to do!
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3 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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You must file in whatever state is the "Home State" of the children, that is defined as the last state the children stayed in for 181 days or longer. Look for an attorney who handles "Military Law or Military Divorce".
Answered on Aug 15th, 2013 at 9:58 AM

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John Arthur Smitten
Yes you can file in your state so long as you have lived there for at least 6 consecutive months
Answered on Aug 15th, 2013 at 9:45 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to get to a local attorney and find out what can be done. You can file in Florida, and it is probably the best place to file if you have been a resident for more than 6 months, and especially if your marriage was last intact here. Is he paying support to you for the child? There are two basic ways to go: uncontested, or contested. Uncontested is when you both agree on the resolution of all of the issues, and contested is when there is just one issue, or more, that the parties do not agree upon. If it is uncontested, the cost will be much less. So, try to agree with him as to shared parenting, a time sharing plan, the division of assets and debts. The amount of child support should also be agreed to, but there is a specific statute that must be followed.
Answered on Aug 14th, 2013 at 3:32 PM

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