Marianna, FL Divorce Law Firms & Lawyers

No, generally you do not have to appear unless you intend to oppose the motion. You should check with your assigned judge's online information, or call their judicial assistant, to be sure though.

Why bother to seek a separation if what you really want is a divorce? The documents and the expense are about the same. However, first things first: consult an experienced family law attorney. It's almost always worth the investment. He or she can advise and represent you, draft the various papers, and generally keep things going as smoothly as can be. The process for obtaining a legal separation is like a divorce: your lawyer drafts up a summons and petition, often along with a Motion for a temporary order, files them with the Court, and has then served (officially delivered) to your spouse. If there is a temporary order required, s/he can obtain a hearing on fairly short order.

You have a complicated situation, as it is unclear if you were ever legally married. Generally, yes, you have rights, the only question is what rights. At a minimum, in FL you have rights with respect to your children, regardless of whether you were legally married or not. This would include, but not be limited to time sharing and participation in parental decision-making for them. Alimony if Florida would depend upon a number of statutory factors, and if you were not legally married, you would likely be unable to get alimony. If you never lived together as husband and wife in Florida, and your wife has not contacts with Florida, it is unlikely that FL courts would have jurisdiction to determine anything other than dissolving the bonds of marriage, and the child related determination would be made by a court where the children are living, apparently NY, as would the asset and debt-related determinations. You will likely need the input of another attorney in Argentina, to advise, corroborate and substantiate the law in Argentina as to whether or not you are legally married under Argentina law.