My husband filed for divorce without notifying me in GA (he is active duty military and claims he notified me via newspaper). The divorce was granted without my knowledge. He was in Korea when he filed and I was unable to answer because of the Hauge Convention. He is now back in Alabama and I need the case opened in Fl where I reside. Child support was NOT addressed due to GA not having jurisdiction over child and my half of his military retirement was NOT addressed on the final decree.
How do I open this back up in Brevard County FL where myself and my daughter live (now 19). He no longer resides in the county in which the divorce was filed - he now lives in Alabama.
Am I able to register this final judgement and decree in the courts then petition to modify it to add retirement?
Family Law Attorney
Florida has no jurisdiction over him. You should speak to an Alabama lawyer about it, but I think you're going to have to open a child support case in the county where he lives.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
2 lawyers agree
Criminal Defense Attorney
From the facts you have written it does not appear that FL would have jurisdiction over him. You need to have an attorney in GA look into the case and determine what needs to be done. There might have been a fraud on the court if he knew exactly where you were, and published in the newspaper to avoid you finding out about him filing for divorce.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
3 lawyers agree
Divorce / Separation Lawyer
I agree with both of my colleagues. Additionally, you do not state how long ago this occurred and when you found out about it. You state that your daughter is now 19 which leads me to believe that it may have been a while ago. You have some timing issues and jurisdictional issues. Also, GA would have jurisdiction over child support if they had jurisdiction over your husband, they would NOT have had jurisdiction over parenting and timesharing if your child was in Florida the entire time. You should consult a GA attorney to see what can be done.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
1 lawyer agrees