Florida resident living in NC

[bebeleruetatsu]

Hello,
I am a Tampa native and have residency claimed in Florida still, however at this moment I reside in North Carolina. I was relocated here on a military move and have wanted to file for divorce for some time however only recently did I get the courage to do it. If I file for divorce in North Carolina I have to prove that me and my husband have been seperated for over a year. Problem is we resided in the same home until November of this year, for our childrens sake. This mean that until November of next year I am unable to file for divorce. In the mean time he is still accessing my bank accounts, not supporting our children, avoiding having to pay any form of support for them at all by hiding behind the Marine Corps, and I am now forced to wait. My question is can I still file for divorce in Tampa, I am more then willing to fly down there as often as nessicary to do this, and obtain a lawyer in Florida to handle this while still living in North Carolina so this can all come to an end sooner rather then later. I am spending all of my free time arguing with banks, creditors, and his command to state that we are seperated, but do not have a speration agreement signed since he is unwilling to give up rights to the girls, only because if he states that he will give me full custody he will lose his BAH, which is a large portion of his military pay, specifically given to him to support his family. Without this seperation agreement and his knowledge of all my personal information he continually traps me, even withdrawling all the money from paychecks within minutes of direcct deposit going through, forcing me to return to paper checks. The hassle is endless. Please, any information you can provide abotu my ability to file or obtian legal counsil in Tampa would be amazing. Thank you ahead of time.

[Attorney Howard Iken]

Yes, if you are still a Florida resident - you can file through the State of Florida. You will either need a FL driver's license or an affidavit from someone that knows you, stating they know you are a resident for the last six months.

There are military regs that require your spouse to give you support and also to share the BAH with you. You should contact the unit commander.

Attorney Howard Iken