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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16783
Experience:  Licensed Texas General Practice Attorney
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Can my son file for divorce in Florida if his wife is living

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Can my son file for divorce in Florida if his wife is living in Louisiana? He has a Florida drivers licenses. They were married in Florida in 2010, but left to work all over the country on the pipeline in early 2011. They continue to get their mail at my home address in Florida. They have an almost 3 yr old daughter, who both consented to allow me to take care of temporarily here in Florida.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : Yes, he can file in Florida even if his spouse is in another state.
ScottyMacEsq : 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.
ScottyMacEsq : "residence" in this regard means making that his legal residence.
ScottyMacEsq : That is, moving there with the intent that this be his residence.
ScottyMacEsq : Working all over the US does not mean he does not have a residence anywhere.
ScottyMacEsq : Rather, this being his "home" would allow him to claim residence in Florida, and as such could file for divorce, even if his spouse does not live there.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: If he works all over the country, but his daughter is living with us in Florida, and he comes here in-between pipeline jobs, couldn't that be assumed he lives in Florida? after 6 months?
ScottyMacEsq : Yes. That's what I'm talking about. His residence is his "home", even if he's working all over the country.
ScottyMacEsq : He has to reside for 6 months (meaning that it is his home for 6 months, not that he has to physically be there for 6 months).
ScottyMacEsq : Residence is domicile (where he considers home) with the intent to make it his home indefinitely.
Customer: Since he has a Florida drivers licenses, and has been receiving his mail here for 3 years, is it assumed he is already a Florida resident?
ScottyMacEsq : I would assume so. If there's no other state that he would consider his home state, and based upon your information, I would say that Florida is clearly his state of reisdnece.
ScottyMacEsq : *residence
Customer: They spent time in Louisiana with family, in between jobs as well, but no official residence there, other than a 5th wheel travel trailer.
ScottyMacEsq : Spending time somewhere does not establish domicile. Again, it's the intent to make a residence indefinitely.
ScottyMacEsq : The drivers license is very instructive. If he receives bills in Florida, if he puts that as his home address, etc... that would almost certainly be considered his residence.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: Ok; thank you. The main issue is child custody. Wife freely gave up the child to my son and considering his work, he allowed us to keep our granddaughter temporarily. I'm not sure what her future intent with the little girl is however, and I don't know what permanent custody she would agree to. I just think he should file for at least temp custody as soon as possible.
ScottyMacEsq : Understood. You mention that the child has been residing with you. If the child has resided there for 6 months, Florida would be the ONLY state that the custody issue could be heard (as it is the state of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)).
Customer: That is excellent information. Is this true without formal, legal documentation. In other words, my son signed a letter stating I have authority to provide any medical or child care needed for her, but did not formalize it through an attorney.
ScottyMacEsq : Yes. It's based upon the residence of the child, not the parents. If you can establish that the child was to reside there indefinitely (not necessarily permanently, but without any end duration) then that would be the case.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
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