Interstate Issues in Divorce.

By Robin Roshkind, Esquire, West Palm Beach, Florida

In South Florida, many couples own homes both here and also up north, whether it is New York, Chicago, Boston, D.C. etc.  So when a party decides to divorce in their home state of Florida (they establish residency here for tax reasons), there are property issues out of state.

This causes a little wrinkle in divorce proceedings, because the Florida court has no jurisdiction over property in another state.  So say for example, the parties agree that one of them takes the Florida home and the other of them takes the home up north, how does the court here go about enforcement of that court order?

It can’t.  The Florida court order would have to be “domesticated” in New York or Boston or wherever the property is, and a court in that jurisdiction would have powers over the property there.

Other interstate issues concern children.  Where two parents live in two different states, it is the home state of the children that controls.  That is because the state in which the children live has jurisdiction over them.

So if a divorce was done in Florida, and mother and child move to New York, it is the New York court that has jurisdiction over the children.  If the child support payor father lives in Florida, the mother can enforce child support against the father in Florida because he is here.  If she wants to enforce the child support in New York where the children live, she has to “domesticate” the Florida court order and make it a New York court order.

For more information about other interstate issues in divorce, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or  click on the Firm’s web site at http://www.familylawwpb.com.

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