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To file for divorce in Florida, one party must be a resident of the state for at least six months prior to filing.
One can file for legal separation before that though.
It is impossible to have a divorce finalized without the court making orders regarding the children. The orders can be vague but the divorce judgment must specify the form of custody and visitation that the parents will have.
All the research I have done online indicates that there is a 6 month residency requirement. They say that since we have been separated, although unofficially, it's been long enough to file for divorce because it will be an 'uncontested divorce" This is what confused me about what they are trying to do. I'm also assuming that since I left NC, and resided in OH for the time that I did, I can't even file for divorce here in NC for another 6 months as well.
The separation period and the residency requirement are two separate issues. One of you must be a resident for six months. However, because the two of you agree to divorce, you don't have to wait longer than that.
North Carolina also has a six month residency requirement as you state. Not all states do but both Florida and North Carolina do, so yes, you would have to wait.
I just want to make the 50/50 shared arrangement we've had 'official' by the courts. Will the way we've handled it so far as my daughter is concerned be taken into consideration. I just don't want to end up being left with seeing my daughter 4 days a month. Plus, I'm tired of moving all over the country. How can stop her from moving whenever they feel like it?
Every state in the country makes custody and visitation orders based on the child's best interests. Each state, however, considers different factors in determining what is in a child's best interests. Assuming that the case proceeds in Florida, the following factors are considered in determining child custody and visitation:
The fact that you have been sharing your child equally can be considered with regard to the stability of the child's home environment.
If the two of you can agree to a 50/50 plan, the Court will probably accept it, although it sounds like she does not want that to be part of a court order.
If you had 50/50 custody, it would be difficult for her to relocate in the future, but even if she were granted primary custody, it would be difficult to relocate again unless you consented.
In Florida, a custodial parent who wants to move with the child more than 50 miles away, for any period longer than 60 days, must notify the other parent before moving. If the noncustodial parent agrees to the move, the parents must file a written agreement with the court. If the parents can’t agree, the judge will hold a hearing and decide whether to allow the move. If the court views the move as negatively impacting the children or their relationship with the other parent, the judge may not approve the relocation.
Do you have any additional questions?
I'm glad to learn that! Atleast I'll then have a little more time to react. Seems like there is very little I can do here in NC. I think since there is indeed a 6 month residency requirement in Fl for a divorce I'll have a little more time to prepare.
One more question please?
When I get to Florida will I be able to get the visitation and custody process started right away?
You could file legal separation before the six months is up and get temporary orders for custody/visitation if you needed to. But if she'll give you 50/50 voluntarily, it might be better for you to wait so that the "status quo" at the time of the court case is equal custody.
That makes sense. Thank you so much for your time and assistance. You have helped put my mind at ease. God Bless you.
So glad to help!
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