Tampa, FL asked in Divorce and Family Law for Florida

Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined debt of ~15k but he keeps accounts hidden so I am not sure.

I do not have the ability to pay for an attorney- he has declared he will never make an attempt for an amicable divorce. He said no one gets to be happy if I divorce him. I am job seeking, but my income potential is very low based on my education and job experience. He has financial support from his family; I am estranged from family with no support.

He has been financially, emotionally and verbally abusive so I have no ability to prove that.

He does not want a divorce and wants me to agree to join him in the new state when the children's school year is over. I believe a move for them will be emotionally & educationally detrimental.

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2 Lawyer Answers
Pamela J. Fero
Pamela J. Fero
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep records of the abuse if he's been emotionally and verbally abusive. Depending on the extent of the abuses, it will help the court decide on child custody.

Contact a local Family Law attorney for more specific information. I hope this helps.

Matthew J Ausley
Matthew J Ausley
  • Jacksonville, FL
  • Licensed in Florida

A: Just because you don't have money for an attorney doesn't mean you can't get some money for one. The court can make him contribute to your attorney's fees. Some Family Law attorneys will sometimes take cases with little or no up-front payment if they believe that an award of attorney's fees is likely in a case. So, calling around to local Family Law firms could help you to find a firm that might consider that with you.

Next, it sounds like you don't have much debt, so borrowing some money might be an option for you. Most firms accept credit cards. That could be enough to at least get you started. Credit unions are the best places to get money. Try a local one.

Finally, get a job, reach out to family and friends, get creative. It is amazing how much money you can put your hands on when you are properly motivated. You can do this. Go make it happen. Now is the time to become independent.

As far as the relocation goes, if he moves before you file for divorce, it will be a lot more difficult for you to keep the children in the state. If you file before he moves, he will have to request and get approval from the court to move with the children. So, just the simple act of filing is going to erect a major hurdle for him.

Best of luck.

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