Legal Question in Family Law in Florida

Legal Separation and leaving the state of residence

I am writing on behalf of my daughter and grandchildren who are in an abusive relationship. My question is, can they leave the State of Florida and come to our home in Texas? Secondly, does my daughter have to file for a legal separation first in the State of Florida prior to leaving, and finally can she file for divorce once here in the State of Texas (I think she has to establish residency for 6 months if I am not mistaken), correct?


Asked on 8/09/99, 5:13 pm

2 Answers from Attorneys

Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Legal Separation and leaving the state of residence

Can't help you on questions 1 and 2 because I'm not admitted to practice in Florida. On question 3, yes, there is a six months' requirement.

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Answered on 8/16/99, 2:16 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Legal Separation and leaving the state of residence

Florida Law - I STRONGLY suggest that your daughter file for divorce while in Florida. That way she would not have to worry about the residency requirements and should have no problem with serving him and have no problem with the jurisdictional issue. The attorney here can address the issues of child support the abuse and her wanting to move.

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Answered on 8/17/99, 7:12 pm


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