Can A Florida Court Apply California Divorce Law?
Full Question:
Answer:
Every state has residence requirements to obtain a divorce. In order to get a divorce under California law, one of the spouses needs to reside in California. The laws of the state where the divorce is filed will apply.
Please see the following FL statute:
61.021 Residence requirements.--To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.
Please see the following PA statute:
23 Pa.C.S.A. § 3104. Bases of jurisdiction
(a) Jurisdiction. — The courts shall have original jurisdiction in
cases of divorce and for the annulment of void or voidable marriages and
shall determine, in conjunction with any decree granting a divorce or
annulment, the following matters, if raised in the pleadings, and issue
appropriate decrees or orders with reference thereto, and may retain
continuing jurisdiction thereof:
(1) The determination and disposition of property rights and
interests between spouses, including any rights created by any
antenuptial, postnuptial or separation agreement and including the
partition of property held as tenants by the entireties or otherwise
and any accounting between them, and the order of any spousal support,
alimony, alimony pendente lite, counsel fees or costs authorized by
law.
(2) The future care, custody and visitation rights as to children of
the marriage or purported marriage.
(3) Any support or assistance which shall be paid for the benefit of
any children of the marriage or purported marriage.
(4) Any property settlement involving any of the matters set forth in
paragraphs (1), (2) and (3) as submitted by the parties.
(5) Any other matters pertaining to the marriage and divorce or
annulment authorized by law and which fairly and expeditiously may be
determined and disposed of in such action.
(b) Residence and domicile of parties. — No spouse is entitled to
commence an action for divorce or annulment under this part unless at
least one of the parties has been a bona fide resident in this
Commonwealth for at least six months immediately previous to the
commencement of the action. Both parties shall be competent witnesses to
prove their respective residence, and proof of actual residence within
this Commonwealth for six months shall create a presumption of domicile
within this Commonwealth.
(c) Powers of court. — The court has authority to entertain an action
under this part notwithstanding the fact that the marriage of the parties
and the cause for divorce occurred outside of this Commonwealth and that
both parties were at the time of the occurrence domiciled outside this
Commonwealth. The court also has the power to annul void or voidable
marriages celebrated outside this Commonwealth at a time when neither
party was domiciled within this Commonwealth.
(d) Foreign forum. — After the dissolution or annulment of a marriage
in a foreign forum where a matter under subsection (a) has not been
decided, a court of this Commonwealth shall have jurisdiction to
determine a matter under subsection (a) to the fullest extent allowed
under the Constitution of the United States.
(e) Venue. — A proceeding for divorce or annulment may be brought in
the county:
(1) where the defendant resides;
(2) if the defendant resides outside of this Commonwealth, where the
plaintiff resides;
(3) of matrimonial domicile, if the plaintiff has continuously
resided in the county;
(4) prior to six months after the date of final separation and with
agreement of the defendant, where the plaintiff resides or, if neither
party continues to reside in the county of matrimonial domicile, where
either party resides; or
(5) after six months after the date of final separation, where either
party resides.