What state should you file in if abandoned spouse lives in FL and spouse that left lives in TN?

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What state should you file in if abandoned spouse lives in FL and spouse that left lives in TN?

URGENT !My wife left our home in FL with our daughter (16 mos) to go to see her dad in Dec in TN. She has been there 5 mos and is now saying she is never coming back! Do I need to file against her in TN or FL please?!

Asked on May 14, 2009 under Family Law, Florida

Answers:

Joanna Mitchell / Joanna Mitchell & Associates, P.A.

Answered 10 years ago | Contributor

You need to file in Florida as soon as possible, as it is possible that Florida could be losing jurisdiction in about one month. Have you also considered going to Tennessee and picking up your child and returning to Florida with her? Most likely, once she has been in Tennessee for at least 6 months, if she started establishing residency there when she got there, Tennessee will have jurisdiction, so time is of the essence.

If you would like to discuss your matter further, please contact my office at 407-971-6140 to schedule a free initial telephone consultation wherein we can discuss your case in detail.

Joanna M. Mitchell / Mitchell & Associates, PA

Answered 10 years ago | Contributor

You need to file in Florida as soon as possible, as it is possible that Florida could be losing jurisdiction in about one month. Have you also considered going to Tennessee and picking up your child and returning to Florida with her? Most likely, once she has been in Tennessee for at least 6 months, if she started establishing residency there when she got there, Tennessee will have jurisdiction, so time is of the essence.

If you would like to discuss your matter further, please contact my office at 407-971-6140 to schedule a free initial telephone consultation wherein we can discuss your case in detail.


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