Uncontested... Where to start?

[allwipedout]

What is the name of your state (only U.S. law)? Florida & Oregon

Hello all...

Here are the basics of my situation

- Married in Oregon in 1998
- Lived in Florida since our marriage
- We have one child together, and I have one from before the marriage
- Will be moving back to Oregon with kids in 2 weeks, with husband's consent
- We do not have any property that is worth anything
- He has a pension, but I am not interested in taking any of it
- We have agreed to a parenting plan
- We agree on joint-custody, with me (mom) having physical custody

Since we have both lived in Florida for over 6 months, Florida is where we would file for divorce?

If we file in Florida, from what I understand we cannot file for a simple dissolution because we have a dependent child. Can we get a regular dissolution without needing an attorney or having to show up to court before a judge?

 

[mistoffolees]

I would at least consult with an attorney in FL. You can get a divorce without an attorney if you are agreed on everything, but it will usually require at least one court appearance.

The other option is to remain in Oregon until you've established residency and then file for divorce there. There are pluses and minuses to this.

I would suggest that you make sure you have his permission to move with the kids in writing. Otherwise, it could create lots of problems later. He is free to change his mind up until the time there is a final court order. If he changes his mind and wants the kids to stay in FL, he can go to court to ask to have them returned - and there's a good chance he'll get it. Even with a written agreement, he can change his mind, but it's a little harder.

 

[LdiJ]

I would at least consult with an attorney in FL. You can get a divorce without an attorney if you are agreed on everything, but it will usually require at least one court appearance.

The other option is to remain in Oregon until you've established residency and then file for divorce there. There are pluses and minuses to this.

I would suggest that you make sure you have his permission to move with the kids in writing. Otherwise, it could create lots of problems later. He is free to change his mind up until the time there is a final court order. If he changes his mind and wants the kids to stay in FL, he can go to court to ask to have them returned - and there's a good chance he'll get it. Even with a written agreement, he can change his mind, but it's a little harder.

I agree, assuming that mom and the kids have not been in OR for six month before he changes his mind.