I have two kids with my husband. He is Verbally abusive, which I can't prove. I have no family here in Az. Turns out if I file for divorce I have to keep the kids here. Thats just not possible, My husband has made sure I have no friends, family or money here. There is no way he will continue to let me stay here with him paying my bills if I file for divorce. I don't understand how this is supposed to go. My father lives in Fl. If I go there, establish residency, from what I've read that means changing my DL over. You have to file from the state you live in. So does that mean I can go there, file, and continue to live there until the divorce is finalized? Please If you know something that may help me, let me know. For those of you who feel the need to be critical of me bailing on my marriage, please don't. I love my husband but can no longer handle the situation he's brought upon my kids or myself. Thanks.
How can I file for divorce in Florida if I have residency in Arizona?
To be divorced in most states you have to be a resident there for six months. You can live in any state and get divorced as long as you are a resident. You do not have to file in the state that you were married in. I was married in Ohio but divorced in Georgia. It really doesn't matter what anyone thinks about your situation. Only you know for sure what you went through with your husband. I was also married to a man who verbally abused me for years. Try calling an attorney in your area and find out what you should do. Some attorneys will give a free consultation.
How can I file for divorce in Florida if I have residency in Arizona?
that's a tough one. i think you have to get divorced in the state in which you were married. not really sure. i know i did.
You can only file in the state in which you have established legal residency whether you physically stay there. Now if you go thru the divorce in Arizona, the courts should award you custody of your kids barring any legal trouble like child and/or drug/mental abuse that would make you unfit. Then youd get child upport and most likely the house due to the kids and the Judge will not put you and the kids out on the street. You then get a order to vacate premises for him so you can stillcome out ahead there. You can petition the court then to relocate the kids back to Florida due to family if dad wont agree and get the Judges permission. Now you can have a bargaining chip here in the house, you could let him have the house in return for his permission to let you move with the kids to here. Youll have to come up with a plan to satisfy dads visitation rights before the Judge will approve but youll come up with something. Also Arizon will get the divorce over quicker than trying to re-establish residency back here. Emotinal/verbalabuse is the hardest abuse to prove but if you have any witnesses or whatever, itll be a big help to you in court. Hope this helps, any more questions or thoughts, feel free tpo contact me at thunder_wright@yahoo.com and Ill try to help you. Good luck
The requirement to file for divorce in Florida is 6 months of established residency. Therefore, you would be required to prove to the court that you have lived in Florida for those six months immediately prior to filing.
In that six months your husband can file for divorce in Arizona and the court can order the children returned to the jurisdiction (you do not have to return). If you fail to return the children, and while there is a current action in the family court, you can be charged with parental abduction which, because you are in a different state, rises to the level of a federal offense.
Therefore, you MUST file in Arizona or face the above scenario.
Also, there is no way ANYONE can tell you that you will receive custody. That is not only irresponsible but based ONLY on your facts, something even your attorney sitting face to face with you will not tell you.
You make a good case but the court will require that you (and your husband) prove your allegations otherwise, according to Arizona Rules of Civil Procedure, joint custody is the norm.
Also, if you then do obtain permission to move the children and yourself to florida, it is likely the court will require that YOU pay for transportation expenses to allow your ex to exercise his visitation based on the fact that you created the distance.
And, as long as the ex lives in Arizona, jurisdiction, according to the UCCJA, will remain in Arizona so that every hearing in the future related to the case will be heard in that state.
