I need to know my best options for my Daughter and I-Divorce or annulment-Florida or where.

Asked in Jacksonville, FL - about 4 years

I am the father of a 4 year old orphaned,legaly adopted Daughter.We are currently marooned in the Philippines where I moved to inable me to surv ive on my dissability entitlement.Her mother (my"wife") sold a;ll our possessions and absconded to the U.S.leaving us homeless ans posession less.I cannot annul here as she is not in the country and it typically takes 3-6 years to annul.I have residency (but no home) in Duval county.Being Florida is a no-fault state is it my best option to file annulment-divorce and what about my custody issues.By law she has clearly abandoned my Daughter but if she is to come back to the Philippines has custody of my Daughter till age 7.This would be devistating to my Daughter and I and her intentions would be strictly money motivated at the price of my Daughter.

Attorney Answers (1)

Timothy Jay Waller

Timothy Jay Waller

Jacksonville Bankruptcy Attorney

Answered about 4 years ago. In Florida, to get a divorce you will need to establish residency. The residency requirement is living in Florida continuously for 6 months prior to filing the petition for divorce. If you have legally adopted your daughter, then you can also petition the court for custody of your daughter. Typically you will have to serve your wife with the suit for divorce and custody, but there is a process if you are unable to locate your wife.
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