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divorce procedure in FL state, division of real property held in other states, community and separate property
Spring Hill, FL
Viewed 327 times.
Posted about 1 year ago in Divorce / Separation
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Florida divorce:
My wife and I jointly own property in Florida, New York and California. I live in Florida and my wife lives in New York. We have been separated over 12 years and she does not want a divorce. Her "excuse" is that she does "not believe in divorce" even though when she married me she knew I was a divorced man and she changed the locks on our "marital residence" years ago. I have filed for a divorce in Florida and she is claiming that the court here has no jurisdiction over her. I believe I will be able to get a divorce here but am not clear what the courts will be able to do for me with regard to our jointly held properties. I am nearing retirement and would like to be able to purchase a home here and enjoy some of the fruits of all the years I labored in the marriage.
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Answers (1)
Pamela S. Wynn
This attorney is licensed in Florida.
Posted about 1 year ago.
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If your spouse did not live with you recently in Florida, the Florida court will not have personal jurisdiction over your wife. The court will have what is called 'in rem' jurisdiction. That gives the court the authority to order a divorce (really a dissolution) and deal with Florida property. You will still jointly own the property in the other states. If you want to deal with those properties, it sounds like you may have to do that in NY.
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