Making Out of State Divorce Decrees Enforceable In Florida

by Robin Roshkind, Esquire, West Palm Beach, Florida

Many couples get divorced in another state and then one of the parties moves to the State of Florida, oftentimes with the children.  This causes a situation in which the time sharing or other terms of the original “out of Florida” divorce must be changed.   The methodology Florida divorce lawyers use to accomplish this is called “domestication of a foreign judgment”.  What that means is that the out of Florida divorce decree has to be domesticated in the State of Florida, and then it can be modified or enforced. 

If the children relocated to Florida, then Florida becomes the home state of the children.  Out of state decrees MUST be domesticated in Florida where the children are subjected to the Florida jurisdiction, in order for a divorce decree to be changed.

Modifications of divorce decrees in general require a substantial change in circumstances.  Then if the divorce parents cannot agree, the judge has jurisdiction to modify the terms of time sharing and child support in keeping with the new circumstances, and what is in the best interests of the children.  For more information about this or other divorce topics, please 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 for more information.

 

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