Tag Archives: jurisdiction

Tampa Same Sex Divorce Case First DOMA Challenge Certified to Florida Supreme Court

Can two women who were married in Massachusetts but now are residents of Florida divorce in Florida?  That is the question that my Tampa client and her wife were looking to have answered in the affirmative.  The trial judge determined … Continue reading

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Prenuptial Agreements: Uniform Premarital Agreement Act

No matter the reason that parties enter into a prenuptial agreement, there are certain issues that may be agreed upon and other issues that Florida public policy prohibit parties from agreeing on prior to marriage. For example, a clause in … Continue reading

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Video: Alzheimer’s and Divorce

Recently, religious broadcaster Pat Roberson made controversial comments regarding whether a person should divorce a spouse with debilitating case of Alzheimer’s disease: The fact is that a spouse may have an unimaginably difficult and deeply personal choice of how to handle this … Continue reading

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Is Florida the Correct State for My Child Custody Issue?

Under chapter 61, Florida Statutes, a Florida court generally has jurisdiction for a new custody case (such as (i) divorce involving children’s issues/parenting plan, (ii) paternity/ establishment of time-sharing schedule, or (iii) temporary or concurrent custody of a child by … Continue reading

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Special Issues in Military Divorce

If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention. Residency Requirement Generally, one party to a divorce must have been a resident of Florida for … Continue reading

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Uniform Child Custody Jurisdiction and Enforcement Act Affidavit

The Uniform Child Custody Jurisdiction and Enforcement Act (known as the “UCCJEA”) is the body of law that provides Florida courts with authority to rule on issues of child custody.  In virtually every family law proceeding that involves child custody–including … Continue reading

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Section 61.538, Florida Statutes

Role of state attorney.— (1)In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 … Continue reading

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Section 61.542, Florida Statutes

Transitional provision.— A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at … Continue reading

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Section 61.541, Florida Statutes

Application and construction.— In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History.—s. 5, ch. 2002-65.

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Section 61.540, Florida Statutes

Costs and expenses.— The court may assess against the nonprevailing party all direct expenses and costs incurred by the state attorney and law enforcement officers under s. 61.538 or s. 61.539 so long as the court has personal jurisdiction over … Continue reading

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