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If I domesticate my Divorce Decree Final Judgement to Florida; which laws will apply, the former state or the state of FL?

Family Law 4 views 6 answers
If it is the former state, are there exceptions? Under what circumstances would FL laws apply?

Attorney Answers

6
Betty Jones ·
Florida will enforce the order from another state as it is written. If a party requests a modification at the same time as domestication or subsequent to domestication the controlling law will be Florida. Use of an attorney is highly recommended in a case like this as it is somewhat complicated. Good luck. Sincerely, B. Elaine Jones, Esq.
0 upvotes
Michael Mcginn ·
I agree with my colleagues. Florida law will control, that is the reason for domesticating it in Florida.
0 upvotes
Jeffrey Boston ·
Once the case is officially transferred to the State of Florida, anything that happens thereafter with regard to the case (supplemental petitions, etc.) shall be accomplished in accordance with Florida law.
0 upvotes
Joseph Registrato ·
First question ought to be, Why are you domesticating an out-of-state decree? A Florida court may enforce a decree from another state because there is constitutional grounds for that. However, if you are trying to modify an out-of-state CHILD CUSTODY order, WAIT RIGHT THERE. There is a thing called the UCCJEA which controls that and I'm not even going to start explaining that law because it is extremely complex. My advice is to get a lawyer about this matter.
0 upvotes

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