I live fl, want to move to tx where I have family. My husband has taken a "second wife" and will try to make life extremely difficult for me if I decide to leave him. I want to just leave secretly and begin divorce from Texas. We have three small kids. Is this possible?
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
Yes, and maybe. Once you go to Texas, Florida will retain jurisdiction over the children until you have lived in Texas for six months. So things will get complicated. Also, I don't know how long you have to live in Texas before you can file for divorce. In Florida, you have to have lived here for six months before you can file. So you are going to want to talk to an attorney in Texas before you decide. You would have to move to Texas and live there for a while before doing anything.
I agree with Attorney Morcroft. You would have to reside in Texas long enough to establish residency which could be 6 months. In the meantime, your Husband could file in Florida and Florida would take jurisdiction and you could potentially be required to return. Good luck.
Sincerely,
B. Elaine Jones, ESq.
I agree with the prior two answers. The key is whether you will be able to move to and live in Texas for 6 months before your husband files in Florida. If that occurs, then Texas will have jurisdiction over the children and the divorce. A complicating factor is, however, that Texas will not have personal jurisdiction over your husband, which will limit the ability of the Texas court to grant certain types of relief, e.g. alimony.
If you do not believe that it is likely that your husband will take no action for six months after you move to Texas, you need to consider the option of filing in Florida and seeking in that action the right to relocate with the children to Texas. Whether that is permitted will depend on various factors, all of which relate to what will be in the best interests of the children. That analysis is fact intensive, so you will need to speak with an attorney in order to get a sense of whether relocation is at all likely and to confirm the appropriate course of action regarding where and when to file. Good luck.
I agree with my colleagues excellent responses. I would recommend you speak with a local family law attorney to discuss all of your options before you make your decision.
Sincerely,
Ophelia Bernal-Mora, Esquire
Orlando Family Law Attorney
