Legal Question in Family Law in Florida

In personam jurisdiction

Can a plaintiff petition for divorce one state if the defendant resides in another state?


Asked on 11/05/08, 7:03 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: In personam jurisdiction

Yes. The concept of "in personam jurisdiction" doesn't work in divorces like it works in other civil cases. In divorces (at least in Florida), only the petitioner needs to be a Florida resident.

There are some exceptions, though. Sometimes both parties will file divorce: one in Florida, one in the other state. Sometimes both divorces go forward simultaneously and both are granted. Sometimes only the divorce will go forward where the children live, and the other is dismissed. If there are no children, sometimes only the divorce will go forward where it's "most convenient" (like where the property is or where most of the witnesses are). When two divorces are pending, the two judges usually discuss it among themselves by phone and make a decision, usually with the input of the parties.

Read more
Answered on 11/05/08, 10:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida