DIY Divorce in Florida

Moving the Kids When There's No Order

Can you move the kids while your Florida divorce is pending? Reading the relocation law in Section 61.13001, it looks like the statute only applies when there is an existing order in place.  But, the law was passed to be sure that all custody and relocation matters be determined based on the best interests of the child. So can you move if there is no order?

The Third District Court of Appeal (Miami & the Keys), says no. You can read about the decision in this post. Other courts of appeal have not weighed in on this topic yet. The Florida Supreme Court is considering a change to the Family Law Rules of Procedure that makes F.S. 61.13001 applicable to all relocations - whether or not there is an order or final judgment.

It remains to be seen whether the proposed amendment will become effective. In the meantime, it seems the most practical solution, as illustrated by the proposed amendment and the Third District decision, is to consider all factors in section 61.13001 anytime the issue of a child’s relocation is raised. 

Since there are serious consequences to moving the children without a court-approved written agreement or court order, the best practice is to follow the Florida law on child relocation - whether your Florida divorce is pending or not even filed yet.

When you enroll in the DIY Divorce in Florida classes with the Divorce Professor, you'll be up-to-date on all the legal changes as they occur. You can try our classes by enrolling in the Tele Test Drive class on Florida Divorce.

Florida Divorce: Can You Divorce Here?

DIY Divorce in Florida often gets questions from people who have moved to Florida from other states and countries and want to know if they can get divorced in Florida. The answer is YES. 

It doesn't matter where you got married. You can divorced in Florida if at least one of you has lived here for at least 6 months before the Petition for Dissolution of Marriage is filed. Your residence here for that 6 month period is enough to give Florida courts jurisdiction over your marriage.

If you have kids, beware. Custody and visitation jurisdiction may be different. For Florida courts to be able to decide issues about your kids, the kids have to live in Florida for 6 months before the petition is filed.

You could be in a situation where the divorce and child support can be ordered, but no parental time-sharing plan can be ordered. That would happen if your kids and spouse live in another state or country in the 6 months before the petition is filed.

This can be a tricky area. You may need to get an expert to help you if you're in this situation.

Remember, if you represent yourself, you need to know what the law says. One place to find legal information is the DIY Divorce Tele Test Drive class.

Divorce & Autism Update

In December 2008 we posted about divorce and autism. At that point, I could find no studiess that supported the fabled 80% divorce rate in families with autism. That same month, Easter Seals published the results of a survey.(Registration required). Ok, it's not scientific (see critque here) but it revealed some interesting information.

The results of the Easter Seals' survey are surprising because they show a lower divorce rate among families with autism. Thirty percent of families with no special needs kids had been divorced, while the rate for families with Autism was 30%. A perfect Bell curve.

Given that Easter Seals conducted a survey and not a scientific study, we still have no true measure of the divorce rate among families living with Autism. But we know that the phantom statistic of 80% doesn't seems to hold up.

What do you think? Is the divorce rate among families living with autism closer to 30% or 80%?

Jail House Blues: Divorcing a Florida Inmate

Can you get a divorce in Florida if your spouse is in jail? As if getting a divorce isn't enough, on top of it all, your spouse is incarcerated. But don't worry, you can get divorced even if your spouse is in jail or prison. In one respect, it makes things easier - you know where to serve the petition!

The financial issues can be more complicated. Some courts have awarded unequal property divisions to make up for the inmate's inability to pay child support or alimony while imprisoned. In other areas of Florida, support orders are issued but payment abated during the prison term.

In the Florida Divorce Professor's Crash Course on Divorce Law, you'll learn everything you need to know about serving a Florida divorce petition - whether your spouse is in jail or not - and no matter where you live in Florida. You'll also get all the forms and worksheets you need to do it right.

If you're thinking about representing yourself in a Florida divorce,  sign up for our free Tele Test Drive class to see if you have what it takes to avoid the 3 most common mistakes divorcing parents make.

Not Sure If You've Got What It Takes To Represent Yourself In A Florida Divorce?

DIY Divorce in Florida released a Special Report titled "Do You Have What It Takes To Represent Yourself in a Florida Divorce? Avoiding the 3 Most Common Mistakes Divorcing Parents Make" last month. It's been very popular.

Believe me when I tell you that representing yourself in a Florida divorce isn't for everyone. That's why I wrote the Report.

After reading the Special Report, if you think that you've got what it takes to self-represent, you can try out our  Tele Test Drive Florida Divorce Class. It's a chance to test drive the Divorce Professor's Crash Course on Florida Divorce Law at no cost to see if our course is right for you.

You've got nothing to lose and everything to learn.

So if you're considering representing yourself, read our Special Report and join us for the Tele Test Drive Class on Florida Divorce Law. You'll be glad you did. Even if you decide to hire a lawyer, what you'll learn in our Special Report and Tele Test Drive class will save you money.

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Florida Divorce: Your Responsibilities When Representing Yourself