Legal Question in Family Law in Florida

divorce in FL or CA, custody, assets

- Is it better to say in front of the judge that hubbie wants divorce or me?

- where is it better for custody and division of assets, in FL or CA? I made much more money while we were married and he prefers to almost not work as self-employed. Now, his unreliable income is ca. 2000/mo and I am unemployed. Obviously, Iīm looking NOT for 50/50 division. Would I get support from him with this little income? He is in FL, I am curretnly looking for a better paying job than his in CA. He doesnīt want to give me my child. he wants to use my occ. depression&sexless dating to get his custody- can he do that- It hasnīt interfered with my caring for child. He had anger problems and lightly hit me. Non-documented,though. I am 37 years old and unlikely to have another child ever.

Is it better to return to FL for the divorce? This would mean I couldnt work, though. Does it look better for judge, and how many appt. are there- is counceling mandatory? How long does it take with his LLC,house,condo abroad. If I return to same house,are we still considered separated if not in same bed?

Asked on 6/22/09, 11:47 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: divorce in FL or CA, custody, assets

The division of property is a minor problem. The major problem is custody and time share of the child. If your child has been living in California for the last 6 months, with father's consent California would be the child's home state. It would appear that you would have an advantage in California. Depression that is properly controlled is generally not a big disadvantage in the custody issue. You would have the advantage of going through the custody process. You would have the advantage of being home during the court hearings, and would not have to travel to Florida every time there was a hearing.

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Answered on 6/24/09, 2:45 am
Brent Rose The Orsini & Rose Law Firm

Re: divorce in FL or CA, custody, assets

In Florida, it doesn't matter who wants the divorce. Florida is a no-fault state.

In terms of property division, California and Florida both pretty much work as community property states, so it probably won't matter where your divorce is, but your best bet is to talk to a Florida lawyer about your property and custody issues, then talk to a California lawyer (or vice versa), then decide the best way to go.

In Florida, diagnosed depression can affect who gets custody (we call it "primary timeshare"), but dating is usually irrelevant unless the dating affects the kids.

Counseling is not mandatory for divorce in Florida, though, in most areas, a four-hour "parenting after divorce" course is required.

The time you'll be in divorce court depends on too many factors to list here, but mostly it depends on how contentious your divorce will be.

Generally, you are not considered separated if you are living together but, in Florida, separation isn't required for divorce.

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Answered on 6/23/09, 12:27 pm

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