I filed for my divorce papers in court here in FL & while waiting for my husband in MA to be served, I got served. Now what?

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I filed the required divorce paperwork here in Osceola County. We have one minor child and there's already a child support case open here in FL. I've been living here w/ our son for 3 years. My husband lives in Massachusetts. The Sheriff in Mass. has the FL divorce paperwork & is going to serve my husband on Monday (6/15). I was just served yesterday on 6/14 with divorce paperwork from Mass. Now what do I do? I don't have the money to fly to Boston to get divorced there and b/c I live here w/ our son & b/c the child support case is also in Osceola County, I think I should be able to also get divorced here but he thinks it should be done there and wants to take our son away. I really can't afford a lawyer as I only work PT, live w/ my parents & receive govt assistance.

Attorney Answers

3
William Rosenfelt ·
You are certainly going to need an attorney. I'm not going to dance around that. Where did you and your husband last live together and for how long? How old was your son at that time? You might have to hire a Mass. attorney to file limited appearance to dismiss the MA divorce. Fla might be the "best" state for the divorce under FLA law, however, I'm quite certain that MA has a long arm statute such that you would arguably be under MA jurisdiction. DO NOT FILE A RESPONSE TO THE MA LAWSUIT. You would waive any objections to MA's jurisdiction. This will cost a fair amount of money and you should find an attorney that has experience with these matters in MA and also in FL. I don't mean to sound "mean." I want you to be aware of what you must do. Good luck.
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Solangel VerdeFamily Law AttorneyHialeah, FL ·
If your son has lived in Florida for 3 years, Florida would be considered the "home state" of the child for jurisdictional purposes according to the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act). In plain terms this means Florida, not Massachusetts would be the appropriate forum for decisions regarding the child (custody/time sharing etc). You will not be able to represent yourself effectively. Hire an attorney. If you dint have the funds, try Legal Aid or Legal Services in your area.
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James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
I agree with my colleagues, especially Ms. Verde, Florida is the proper court to have jurisdiction over your divorce and particularly the custody and support issues involving your child. Dealing with jurisdiction issues is complex and you need legal representation. Consult the local legal aid provider.
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