QUESTION

Can my senior citizen mother file for divorce from another state and not have to see my father again?

Asked on Mar 28th, 2015 on Divorce - Florida
More details to this question:
My parents are senior citizen Florida residents. My mom left my dad after years of verbal abuse and came to live with me in California. She doesn't want anything but wants a divorce. Can she file from California and can she divorce without seeing him again?
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5 ANSWERS

If she is a resident of California, she can file for a divorce from there. Whether or not she has to see him again will depend upon the circumstances of the divorce process and whether or not he attends any of the Court hearings. Good luck.
Answered on Mar 31st, 2015 at 12:48 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Yes, if she just left Florida, then she can still file here. She would need to hire a Florida attorney to help her. As for never seeing him again, unless they can reach a full settlement agreement (which can be done by mail / email), she might have to see him at a court proceeding.
Answered on Mar 31st, 2015 at 12:48 PM

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In order to be able to file for divorce in CA, your mother would have to meet CA residency requirements, and it is generally likely that she'd only be able to dissolve the bonds of marriage in CA, since CA has no jurisdiction over your father or the marital assets and liabilities. Your father would still generally be able to file in FL for equitable distribution of their marital assets and liabilities, as well as alimony or other forms of relief, depending on the facts of their case. If your mother does not meet CA residency requirements yet, she can file in FL. Depending upon whether your father agrees to the divorce and if there are no assets or liabilities to divide between them, and if alimony is not an issue, they may even be able to qualify for a simplified dissolution of marriage, but that would generally require both parties to be present for the final hearing. A conventional divorce could also be sought in FL, and if there was a settlement agreement and it was not contested, it would generally be possible to conduct the final hearing as long as at least one party is physically present. You should consult an attorney to discuss the specifics of your situation and your options.
Answered on Mar 31st, 2015 at 12:40 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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It is possible for her to retain an attorney in Florida to get a divorce here, using the father's residence in FL for more than six months. It might be possible for her not to have to see him again. The thing to do is find the right attorney in Florida to handle this matter. Many offer free consultation in family matters and phone conferences can probably be arranged.
Answered on Mar 31st, 2015 at 12:37 PM

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John Arthur Smitten
After 6 months of living in CA she can file in CA. She can file in FL now. Use of a lawyer is recommended.
Answered on Mar 31st, 2015 at 8:03 AM

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