Legal Question in Family Law in Florida

Background: Moved to South Florida 12/2010 and my children have lived with me all of their lives. In May 2013 I eldest son (7) spend the summer with my husband and began school there in August 2013. On September 23, 2013, I filed in Broward County a Dissolution of Marriage with Minor Children. My husband was served in CA on 09/27/13. In October 2013, he apparently filed for Dissolution of Marriage and Child Custody as well. I was never served. On November 19, 2013, Final Judgment for Default Dissolution of Marriage with Minor Children was entered in Broward County. The paperwork did not reflect the Parenting Plan so on November 20, 2013, I filed a Motion for Re-Hearing to approve and accept the Parenting Plan. I also filed in CA a 'Request for Order' and 'Motion to Quash' their case because I still hadn't been served. I was finally served on November 27, 2013 with the CA case. Today, the judge's assistant called to inform me that my Motion for ReHearing had been cancelled and CA had jurisdiction. Not sure how this is possible because as of the 20th I was already divorced in FL and I already filed a 'Motion to Quash Summons Due to Lack of Service' in CA - confused

Asked on 12/06/13, 5:26 pm

4 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

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I'm confused too. You need to retain an attorney to straighten this out. As the CA action is the problem, I suggest retaining counsel there to get that case dismissed. As you stated, if you were already divorced in FL, it was too late for CA to accept jurisdiction for the divorce case.

Answered on 12/06/13, 6:12 pm

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