Florida divorce. Married 9 years but have never lived together. She moved out of state 1 week after being married. We both have kids but not together. Shes back in florida now and we are in the process of a divorce and all that is required to get a court date is for her to get a paper from her childrens father saying HE is the father not me, or to get a paternity test. Shes not getting either one and is being very difficult. Ive had her served and everything and she is still not cooperating. I just want this over with. This was just a really dumb mistake a very long time ago and its keeping me from marrying the woman of my dreams. She says she wants the divorce but still isnt doing anything to get this over with. What are my options to make her? I do not have the funds for me to pay for a paternity test either.
You need a divorce, not a paternity test. If she has been served and does not answer, you file for a default. You need a lawyer, and if you want to re-marry you have no choice but to hire one. It is a matter of priorities. You should have filed 9 years ago.
Have you consider an annulment? It is possible, though difficult and unusual, to get an annulment in Florida.
The statutes in Florida do not address annulment expressly. However, Florida case law has identified a number of grounds to annul a marriage.
Florida makes a distinction between "void" marriages (marriages that were invalid from the instant they started) and "voidable" marriages (marriages that were not necessarily invalid at the outset). Both void and voidable marriages can be annulled. ALL void marriages can be annulled, but not every voidable marriage can be annulled.
Some common reasons for annulment that might apply to your situation are:
The marriage is voidable because one of the spouses lacked the capacity to consent to marriage because at the time of the ceremony, the spouse was suffering from a serious but temporary mental problem or was under the influence of intoxicating alcohol or drugs.
The marriage is voidable because one of the spouses used fraudulent acts or misrepresentations to trick the other spouse into entering the marriage.
The marriage is voidable because one or both spouses entered into the marriage as a joke.
This last reason may be applicable because she left after only a week. You could make a colorable argument that she took it as a joke.
Please enlist the assistance of a family law attorney to explore your options.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
The remedy through our court system to get someone to comply is either a motion for contempt or a motion to compel. If you have an order that commands her to do what you want her to do, you can file and serve a motion for contempt. If you have a written agreement between the two of you and you want to force her to do what she agreed to, you could file a motion to compel and for enforcement. If you want the court to compel her to do something you can try to file a motion to compel.
With difficult opposing parties or difficult opposing counsel you can request a case management conference with the Judge. This would give you an opportunity to tell the Judge what the hold up in the case is and it would give him or her an opportunity to get things moving again.
If you can't afford a paternity test, how are you going to afford that honeymoon when you marry "the woman of your dreams"? I jest. If you can't afford a paternity test, then you can't afford an attorney, and unfortunately that is exactly what you need. When you say that you can't get a court date, why? Is family court services telling you this? They are not lawyers. I can tell you this: in the State of Florida, a child born of an "INTACT" marriage is presumed to be a child of the marriage. But it doesn't sound like that child was conceived or born during an intact marriage, and if you both declare this to the Judge, it should be no problem to push it right on through. Why wait, hire a lawyer to fix this problem.
The answers given by this attorney are for educational and information purposes only and do not constitute legal advice, nor are they intended to create attorney/client relationship. You should seek legal counsel in your area to get legal advice concerning your particular circumstances.
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