Legal Question in Family Law in Florida

can anyone explain the long arm statute. I live in virginia, have never lived in florida and my ex has filed in florida after we had a separation agreement in virginia. I'm filling out paperwork and I just don't understand the statue. I feel florida doesn't have legal jurisdiction over me since I've never lived there.


Asked on 3/13/12, 11:13 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You mean for divorces? The long-arm statute is a very complicated issue, and it's about half a semester of law school. In divorces, it usually says that you can file divorce in the state where you are a citizen. In Florida, you are a citizen after six months. It usually doesn't matter where your spouse lives, or even if he or she lives in the U.S. Usually, a state has jurisdiction over the divorce itself (Florida can declare you divorced even if you don't live here) and over any property you have here. Most states usually take jurisdiction over children in the state where the children have lived in the last continuous six-month period. Florida, for instance, probably wouldn't have jurisdiction to declare that you owe alimony if you don't live in Florida. Florida might take jurisdiction over your Virginia separation agreement, but wouldn't declare you "legally separated," since that legal status doesn't exist in Florida. But, for instance, if he owed you alimony under your separation agreement, Florida could void the alimony. As you can see, it's very complicated, and you probably need a Florida lawyer.

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Answered on 3/14/12, 2:13 pm


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