QUESTION
If I file for divorce in a different county, is my current parenting plan and marital settlement void?
Asked on Oct 11th, 2014 on Divorce - Florida
More details to this question:
There is no court order and no one has filed for divorce yet. I would also be seeking new legal counsel and moving to the new county. My husband and I already live over 300 miles apart and the new county would be closer to where he lives.
4 ANSWERS
John Arthur Smitten
If you have a current parenting plan it will remain in effect until changed by the court. Use of a lawyer is recommended.
Answered on Oct 13th, 2014 at 5:31 PM
Family Law Attorney serving Greenacres, FL
at
Ronald Bornstein, Attorney at Law
Update Your Profile
Generally, if you have a parenting plan and settlement agreement in place that has been executed by both of you, it may be a binding agreement, and may become an order of the court once adopted as part of your final judgment of dissolution of marriage. Generally, you file in he County where either or both of you live, especially when there are minor children involved, because of potential future actions for enforcement or modification. However, if you both agree, you may generally file your action in any county in the State. You should consult with an attorney and discuss your reasons for wanting to file in another county.
Answered on Oct 13th, 2014 at 3:12 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
No, the current parenting plan will not be void because you file in a new county.
Answered on Oct 13th, 2014 at 3:05 PM
Your current parenting plan and marital settlement is a CONTRACT and is binding. The County should have nothing to do with it.
Answered on Oct 13th, 2014 at 3:02 PM