In February I moved from Michigan to Florida because my husband was abusive. I have established myself and my two minor children in Florida (daycare for both children, employment, house etc). My husband does not have a job nor does he pay child support. Now I come to find out that he has filed for a divorce in Michigan. Do I need to relocate or would it be possible to have the caseload transferred to Florida? I would lose my job, the children will lose their place at daycare plus I have nowhere to live in Michigan. I do meet the residency requirements for Florida.
Thank you for your help.
Florida residency to initiate a dissolution of marriage action is 6 months continuous residency with the intent to remain as a permanent resident. You may meet this requirement. However, if he filed in Michigan, before you established residency, it would not matter. Further, Michigan was the location of the most recent marital domicile, so presumably, a divorce case there would be proper. Lastly, if he had no connection to Florida, you would have little basis to file here or transfer the case here. It seems that you will need to litigate in Michigan. This does not mean relocate back there, unless you are court ordered to return the children, but you will need counsel in that area to represent you. I strongly suggest you move quickly on this. If you were recently served with process, your time line to respond is expiring.
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