I have been separated from my wife for 3 years. Two minor children,we live in florida.Shes in texas.How do i file for divorce?

You can file your divorce case in Florida if you have resided here for six consecutive months. However, if the divorce is contested (that is, your wife does not agree with you as to some or all of the children's issues as contact with them, support, etc.) and you want to resolve all other issues in your divorce (that is, children's issues, property divisions, debt divisions), then you must file the divorce case in the state which is the children's "home state". What the home state is for the children is controlled by a law called the "Uniform Child Custody Jurisdiction and Enforcement Act" (a mouthful right?). It says the children's issues must be determined in the children's home state which, usually, it is where they have resided for the past 6 consecutive months.

If you and your wife decide to divorce by mutual agreement, and your agreement (in writing) covers all of the children's issues, you may be able to do your divorce in Florida, uncontested, in any county you choose. For this, however, you and your wife must be in agreement with all issues (children's, properties, etc.).

Before a court order is entered, the law provides that both of you have the "shared custody" of the children. So, when she left for Texas she could do so without any restrictions. However, after a court order is signed reflecting with whom the children will live, she had to then follow a law found in the Florida statutes which is number 61.13001. There is a process there for either parent moving with the children permanently to another state to follow BEFORE moving out of Florida with the children.

Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Drive,
Suite A,
Orlando, Fla. 32804
Ph.: (407) 649-1404
Fax: (407) 649-9890
E-mail: ALopez2827@gmail.com