My wife filed for seperation in 2005 and moved out with our children (2) to a different place in to accept employment ($ 135,000 / Year). Before moving out, she served through her lawyer Notice for Seperation. I was unemployed at that time and was stay at home dad. I become semi-homeless and felt betrayed since I helped through her medical board exams & other things. Marriage now is more than 10 years.

I pulled myself together got a Job in Florida ($ 54,000 / year) and responded to her Lawyer a few months later. Now I want an equitable divorce. For the past 2 years the children have been staying with my wife. I visit them once a while (my wife paid for all the flight charges) and keep them for summer (in Florida).

I would like to have a joint physical custody. My wife is not at all cordial and does not want to talk to me in this matter. If I do not get joint physical custody (logistics being the problem), I probably will need to pay child support (around $ 600 / month). SInce she makes much higher income, will I receive spousal maintenance? And to what amount?

I think what you are looking for is to re-word how you want things. I wouldn't ask for spousal support, it's not as accepted as it once was and will make your situation seem for yourself rather than for your children.

Do focus on the fact that SHE MOVED your children away from you and kept you from your quality relationship with your children. Focusing on this point will give you a better chance that they will come to live with you and she will be the one paying child support each month.

Can I file for divorce in Florida? My wife & children have been living in Minnesota only.

You should be able to since you never moved away, they did. Xena may know more, she has a contact for a low-cost legal consult in FL.

My wife (in 2005) took the children and moved to Northern Minnesota. Before that we were living together. My wife did not do the dependent visa for me and left me vulnerable for being sent out. A few months later, I could find employment only in Florida and due to my immigration status (no green card) had to accept the employment and move to Florida.

I know family courts do not consider immigration status or issues of the spouses. Technically I beleive I will be able to file for divorce in Florida (the County I now live). I probably will ask for primary custody even though I was advised it is unlikely and off-thinking. Then, can I get a joint physical custody? Will that help in getting spousal maintenance while I pay for child support?

Can I file for divorce in Florida? My wife & children have been living in Minnesota only.

Because there is a legal seperation case in MN, you might have to file in MN, but I'm not real sure.

The best thing to do at this point is to take your legal seperation papers to a local FL attorney for a consult. You can get a 30 minute consult for only $25 by calling the Florida Bar Lawyer Referall Service at 1-800-342-8011.

Thanks for the advice. I will follow through soon. I am also prepared for the possibility that after initiating the divorce process, things may change radically such as rethinking on our part.