Family Law Questions? Ask a Family Lawyer Online.
Good morning. I certainly understand the situation and your concern. Yes, you can file for divorce in Florida and seek custody of the children as well, if that is where you permanently reside with them. However, there are residency requirements that must be met. In order to file for a dissolution of marriage in Florida, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition. The dissolution of marriage can be filed in the county in which either or both spouses reside. (Florida Statutes - Chapters: 61.021). Once these are met, then you can proceed
Do you think she will object to custody?
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!