Foreign state divorce court documents

By |2022-03-25T08:11:24+00:0024 Dec 2015|Categories: Divorce|

Historically marriage and divorce laws, rules, and requirements were state specific. And while many states still have a specific set of rules governing how to proceed with marriage and divorce, the decisions made by one court are typically honored by all courts. For individuals facing divorce, moving out of state may only make it a difficult process. It will not change how your home state views the decision.

In an attempt to make family court orders easier to enforce, all family courts honor the decisions made by others. If an individual files for divorce in their home state of Florida, their soon-to-be ex will be held to the orders of the Florida family court no matter which state they live in.

The exception to this rule however, is when personal jurisdiction is not held over an individual by the court producing the documents or orders at the time of the preceding. Personal jurisdiction is obtained by a court when the person being served with divorce papers is physically present in the state at the time they are served. This physical presence may be overlooked if the individual recognizes the court proceedings by either signing off on related legal paperwork or appearing in court.

A lack of jurisdiction only pertains to divorce-related decisions like support property division in child custody. It does not invalidate a divorce decree awarded by the Family Court. While many divorcing couples tend to establish separate households, it is not unusual for those households to be in different states. Any time an individual receives court documents from a foreign state they should speak to an divorce attorney. With their help divorcing couples can stay informed of jurisdiction and other issues that may impact their divorce proceedings and outcome.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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