Can our divorce be handled separately from our child custody battle?

Divorce attorney Jason BowmanQuestion:

Our child custody battle has raged on for more than 4 years and we have been separated the whole time.

Can we file for divorce separately from the child custody issue so at least that part of the situation can be addressed?


First let me preface my answer by stating that I am not licensed to practice in the state of Florida. Cordell & Cordell does have men’s divorce lawyers who would be happy to discuss your case with you. The answer to your question will depend upon your state and local rules with regard to these issues. If you are going through a child custody dispute and the dissolution of the marriage is not an issue, then you may need to amend your original pleadings to include that issue. Or you may need to file a new action and the court may or may not consolidate the action.

All of this will again depend upon your state’s civil rules of procedure. You should contact an attorney in your jurisdiction for specific advice on how to proceed.


Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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