Divorce in FL

Updated on January 24, 2007
S.D. asks from Kissimmee, FL
18 answers

Hello everyone. I thought I would ask this question here to see if anyone knows more about the law then I was able to find out. I have been to lawyer after lawyer and do not understand. I guess I will tell a little background first. I have been married almost 5 years and we split 2 years ago. Our son was born and 3 weeks later we split. I moved back home to FL and he is still in the Army stationed in NC. He is now pressuring for a divorce as he is engaged to someone and wants to marry her before leaving for Iraq in Feb. He has NOT seen our son since he was 8 months old. I want him to sign over all rights and so does he. He wants nothing to do with him or I. I thought it would be really easy but in FL they do not allow the Father to sign over all rights. Does anyone know a way around this? The only way the attorney told me was around it is I have to have someone willing to legally adopt him in order for him to be able to sign over all rights. I just do not want him to have any rights over our child. Any advice would be helpful. Thanks!

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

So What Happened?

Thanks so much for all the advice. He is a resident of WA but we CAN get divorced in NC but I have to sign papers saying that I am willing to change my residence. My attorney here said it would not be wise of me to do that. I think I am just going to wait another 5 years so then I will get half his pension and medical forever for my son and myself. He hasn't called in over 6 months but sent me an email about 3 months ago saying he wanted a divorce within 90 days. Well, 90 days is up and nothing has happened yet. JAG does not help in divorce cases since their are so many divorces in the military. THANKS to everyone for the help :)

Featured Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.C.

answers from Lakeland on

S. my brother signed over all rights in Florida about a year ago, however I think at the same time the mother had her father. The baby's grandfather adopt the baby. I think this is how it worked. There is an atty on S. Florida Ave near KFC named Mark F. Dahle. Also an atty named Bruno De Zayas he is at Harbsmeier, DeZayas & Appel just off of S. Florida. They are both near Pipkin. They are both good but I would try Bruno first.

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.P.

answers from Boca Raton on

Hi S.,
I'm actually working for the Department of the Army. Do you know where your husband files for the taxes? if it is in NC you can make him sign over the rights in that state. try to contact an attorney were he is stationed but most important in the residence state which is the one were he files the taxes. Known also that you can ask for the wage of his pay if he is not provide you child support and who know maybe alimony too, ask just in case. could be more money for Cooper future.
I hope I helped you, please let me know and I am 100% with you.
I am a mom with my husband and two little ones but that doesn't mean that I do not understand you and I support you.

Let me know if you need some more advice please.

Give a big kiss to Cooper from me.

Good luck!!

K.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.

answers from Miami on

S.,

What state is your husband considered a resident of? I know with the military, they are moved around so much that they are not required to change license/license plates with every move. Whatever state his license/tags are registered is his state of residence. You should be able to go through that state. He may be able to go through NC, but if that is not his state of legal residence, they may not be willing to handle it. He could also talk to his JAG office to see if it can be done through military channels.

FL does not allow parental rights to be signed away because they want two parents financially responsible. If you get in a bad way financially, they want to be able to go after the other parent for support first, before the state supports a child. If he signs away his rights, he can never be sued for support. It is totally as if he were never the father to begin with, even legally and financially.

If he wants this so badly, let him do some of the work (and pay some of the costs) to initiate the legal proceedings.

Good Luck

M.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

R.P.

answers from Miami on

I am so sorry you are going through such a hard time. I am divorced and have sole custody of my daughter and the judge in Orlando gave it to me. I am allowed to go anywhere I please with my baby. She is all mine. However I am a victim of domestic violence and that is why it was so much easier. Unfortunately you left and he has the upper hand...Did you live with him on post? I was a military wife, I lived in Ft Benning GA for 4 years...the worst years of my life! Have you spoken to ACS personnel and discussed your case yet? When did the military stop paying for divorces? Why did you go to a lawyer for a divorce? I did mine by myself and it was pretty cheap. You have to think about many things when it comes to a divorce...why did you leave? If you are legally married isn't it considered adultery for him to be with someone else? Did you ever go to counseling to try to fix any problems you were having? Did he kick you out? The military would have put him in the barricks and left you with the house until further notice. He would have been forced to give you an allowance for food and stuff. Being a military wife you have power...believe me. I don't know the full story however if he is asking for a divorce what state is it going to be in? The laws are different in every state. Feel free to e-mail me with any questions. Good Luck and God Bless.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

I.M.

answers from Melbourne on

S.,

I read the other postings, as well as your update to the situation. One of the other mom's stated that fl doesn't allow a parent to abandon the child becuase the state doesn't want to support the child. That is true. The state doesn't want to make it easy for parents to abandon their child. (I work in child protective services). Florida wants parents to be responsible for their children. Which they should be. Next, if you are not going to divorce him right away, he still should be paying child support. I don't care what you do, the cost of living he in Brevard County is rising. I am no a single parent, but I am the only one bringing an income into the household and it is super difficult. If you do divorce him, make him pay child support. Then, in the future if you meet a man who would adopt your son, go after his rights so someone who wants to be a dad can.

But in the mean time, I strongly encourage you to make him be a "grown-up" and be responsible for HIS child. Besides, If you have ever apply for KIDCare or Medicaid for your son, the state makes you give them the info on Dad and they enforce child support.

Hope this gives you another perspective.
I.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.C.

answers from Orlando on

I don't know any way around it, I have some experience with this situation, but if he's not trying to see him, and not paying support you may not have any issues. And the longer this goes on the less likely he'll come forward in the future wanting to suddenly be involved. Maybe in the meantime you'll find someone wonderful to adopt your son.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.R.

answers from Melbourne on

Even if you found a lawyer I doubt any judge would sign it so you are just gonna have to rethink this whole thing. I think you should focus on getting divorced and not so much on him signing over his rights to the child. When your son is older his relationship with his father might become important. Some men don't have anything to do with 'babies' but as your son gets older things will change. He will probably want to know his Dad - they might surprise you and get along and become close.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.B.

answers from Port St. Lucie on

Go thru the state your hubby lives in .. He is so wrong for what he is doing , you two can get a divorce but to not want nothing to do with the kid ? Men are such pigs .. I am not sure how you are but if it we ME . Ha! divorce so he can get married to someone else , I wouldn't do it at all .. I 'll give him a divorce in April while he is away in Iraq .. Why give him what he wants and then you have to suffer with everything else , girl you are too nice.. But yeah check with NC and see if they can do it for you.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

P.P.

answers from Orlando on

JUST BEFORE I READ YOUR (SO WHAT HAPPEN) NOTE, I WAS JUST ABOUT TO SAY, CHILL, JUST KICK BACK AND WAIT ON THE BENEFITS. THIS KID CAN GET FREE CLOGGEGE AND EVER OTHER BENEFIT THE ARMY OFFERS, DON'T BE NO FOOL AND CUT YOUR BABY OFF FROM HIS RIGHTFUL INHERITANCE, LET HIM GO ABOUT HIS LONG HEAD BUSINESS,YOU JUST KEEP ON LIVING, AND WHAT EVER YOU DO DON'T JUST LET HIM STOP BY SUDDENLY KNOWING HOW HE FEELS ABOUT YOU AND THE CHILD. NOW THAT HE'S IN THAT FRAME OF MIND, WHERE HE DON'T CARE ABOUT HIS FAMILY ANY MORE, HE REALLY CAN'T BE TRUSTED.

I HOPE ALL WILL TURN OUT WELL FOR YOU.

P.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.

answers from Gainesville on

Try looking for a lawyer in NC. I think you have to follow the laws of whatever state in which you execute the divorce paperwork. If FL laws don't get what you want, try for the laws in NC. NC is a plausible option b/c that is where your husband is stationed. It never hurts to call and see what you see. There's also GA, SC, and maybe even Vegas. Good luck!

-Charli

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.F.

answers from Boca Raton on

Talk to a Florida lawyer. Anne (pronounced Annay) Desormier-Cartwright. She is a friend of mine in Jupiter. She will send you in the right direction, if she is unable to help you herself. The initial consult is usually free.

K. F.
All Computer Works, LLC
###-###-####

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.B.

answers from Fort Myers on

I do know, you need to be a resident of FL for over 6 months before doing a divorce here. So maybe you can still claim your other state as your resident state.
S.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.Q.

answers from Orlando on

S.,

I don't know anything about FL law, except that it's crazy! It may be a huge deal and going WAY out of your way, but maybe you could look into NC law. You'd probably have to go there to take care of all the paperwork...maybe even more than one trip, but it might be worth looking into if FL won't let you do it. ??? That's all I've got. Sorry. I really hope you can find a way around this.

Good luck.

-T.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

N.G.

answers from Lakeland on

This is not true....as long as certain criteria is met it is absolutely possible! If you need more ____@____.com....I will see if I can help!

N.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.B.

answers from Daytona Beach on

Hello S.!
First of all let me start by saying, I hope your doing well at this time. I am a single parent of 2 boys. Divorce and such are not fun. However, you should just sit back, relax and get the benefits that you and Cooper deserve. With him being in the military, and you still being married, he should be giving you the family benefit money that the military gives to all active military families. He should be receiving the money in his pay, but if you contact the military and let them know that you are living elsewhere, as long as you are married to him, he MUST sent or make appropriate arrangements through the military to get you the money every month. My brother was in the military and has 2 boys, he had to do this. Military made him send his portion to the mother of his boys. They weren't even married.... So, you have the upper hand.. Hope all this advise helps. Best of Luck! God Bless you and Cooper!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.V.

answers from Miami on

If you want to stay married just make sure that he does not divorce you on the sly by declaring that he does not know where you reside and has no contact with you. You would have to periodically check the local papers for WA (his State of residence) and preferably the WA Clerk of Court to make sure that he is not in divorce proceedings.
Ciao,
T.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.K.

answers from Lakeland on

OK SO I'M GOING THREW THE OPPASIT OF YOU MY OLDEST (STEP)DAUGHTER'S MOTHER WANTS US TO SIGN OVER RIGHTS BUT WE REFUSE SO I'VE DONE A LOT OF CHECKING AND UNLESS YOU CAN PROVE HIM UNFIT TO BE A PARENT YOU CAN ONLY DO ONE THING THAT'S TO GO THREW A DIFF. STATE. IF YOU HAVE FAMILY IN A DIFF. STATE GET RESIDANCE THERE LONG ENOUGH TO GET HIM TO SIGN AWAY RIGHTS IN THAT STATE. OR FILE THE DIVORCE IN NC AND TRY TO GET HIM TO SIGN OVER HIS RIGHTS AS A CONDITION OF THE DIVORCE. NOW THE PROBLEM YOU ARE GOING TO RUN INTO IS THIS: IN ANY STATE IF YOU SIGN AWAY YOUR RIGHTS YOU STILL HAVE TO PAY CHILD SUPPORT! SOME STATES WILL LET YOU TO DESIDE NOT TO FOR YOUR SELVES MOST WON'T SO YOU MAY WANT TO CONSIDER ASKING FOR SOLE CUSTODY IN THE DIVORCE DUE TO THE FACT THAT HE IS BEING SHIPPED OUT THIS WAY YOU HAVE ALL THE SAY IN EVERYTHING. THE ONLY DIFF. BETWEEN THIS AND HIM SIGNING OVER HIS RIGHTS IS NOONE CAN ADOPT YOUR SON TILL THE RIGHTS ARE SIGNED AWAY-WHICH WOULD WORK FOR YOU LATER. THEN WHEN CHILD SUPPORT GETS ORDERED YOU CAN CALL IN AND SAY HE GAVE YOU CASH AND HE WILL GET CREDIT FOR "PAYING" IT AND YOU NEVER NEED TO DEAL WITH EACH OTHER. I HOPE THIS HELPS AND TRUST ME I KNOW IT SUCKS.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

V.

answers from Boca Raton on

oh yes sweetheart why chase him to give up parental rights when you can make him PAY big time in child support and later in other benefits.
V.

For Updates and Special Promotions
Follow Us

Related Questions

Related Searches