Ocala, FL asked in Divorce and Family Law for Florida

Q: I'm a California native, home of record per military is California, but had been living in FL with husband for 8 months.

Spent all of 2015 separated and living on my own with our 2 small children. He's never paid any support, he filed for divorce in 2/2015, but dropped petition in 11/2015. I want to go home to CA where my 3 older children are located and best chance at getting reemployed (not able to find stable work in FL). Can I do this, file for immediate legal separation and have CA hold jurisdiction over my divorce once 6 month residency requirement is fulfilled? Or, can he file separate action and force us to return?

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
  • Deltona, FL
  • Licensed in Florida

A: He can file another divorce and get it ordered that you have to return the children to Florida if you leave.

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