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Can time sharing be set up by separation? How long should I reside in Florida to get separation?

Palm Coast, FL |

I met my wife in Dominican Republic 5 years ago. She was 23. I was 57. She moved to my apt. In two months she became pregnant. After the birth of child, I married her, obtained U.S. citizenship for child and green card for wife. We moved to Florida. Lived there a year. Then moved to NYC for 2 years. Now in Florida for less than a month. During this time two more children born. Since the birth of third child, my wife treats me all the time that I stole her life, that She came to USA to live luxury life -- not middle class life. I am software engineer. She treats to take children and leave. She even told me she will make falsification complaint to police to get an order of protection. Children - my life. I would divorce. But we are in Fl less than 6 mo. Could separation be a legal option?

Attorney Answers 3


  1. You have a bar examination type question here and the best way for you to get a solid answer is to sit down with a local FL attny and go over exactly where you lived, where the children were born, where the breakdown of the marriage occured, was there any fraud involved on her part due to the marriage etc, and that is best done in the privacy of a local attny's office. Take care and I hope things work out.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. I agree with Howard. More info is needed. However, legal separation is not legally recognized in Florida. See your attorney to get more information and do it before any of this becomes a bigger problem for you. Always be proactive when it comes to these things.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  3. I agree with the other attorneys, but I want to add that you should speak with her and see of she would be willing to go to marriage counseling with you. She woke up one day and found she was 28 with three kids and her husband right now is twice her age. I am not making excuses for either of you, but something was special enough to have three children together. Work with each other to get it back. She knows how much money you have and knew that for each of the children. Talk with her and see what's really going on.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.

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