How can I get divorced with my wife and son in another state?

Question:

I want to file for divorce from Florida but my wife is in Oregon. I recently found out that my son might not be my son so that complicates things.
Do I hire an attorney in Florida to do the divorce or do I have to go to Oregon to hire the attorney? Or do I do a paternity test first to make sure my son is mine to so I can hire an attorney from Florida?

Answer:

I cannot answer your question specifically to the laws of Florida or Oregon as I am not licensed to practice law in those States.
Get the DNA test. In most jurisdictions if you agree he is your son now in the divorce process you can not later challenge it unless there is fraud. So protect yourself.
As far as where to file, how long have they been in Oregon? If it is under 6 months then you may be able to file in Florida still as it is your child’s home state. I suggest you seek counsel as you will need to file a Petition for Paternity, DNA testing and custody.
End of Content Icon

Leave a Reply

Your email address will not be published.