About Our Firm
- All Family Law Group, P.A.
- Since 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Consumer/Personal Bankruptcy & Mediation. We practice primarily in Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, North Tampa, Plant City and all of Tampa Bay. Our lawyers have experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes. We offer a free consultation and we are happy to discuss your case. Call or email to schedule a consult. Our representation of our clients reflects our dedication to them.
Friday, July 10, 2015
Can I Enforce or Modify My Out of State Divorce in Florida?
What’s the Process of Domestication?
The first step in domestication is obtaining a certified copy of your final judgment. This will likely require a written request and a fee from the original court, which will depend on the divorcing jurisdiction.
After you have received a certified copy, you must prepare an affidavit to be notarized. This affidavit must contain the name, address, and Social Security number of both parties to the divorce. The affidavit must additionally include a request to domesticate the order in the Florida county in which you now reside.
You must then take the certified copy of the final judgment along with the affidavit to the clerk of the family law division in your local Florida courthouse. Upon receipt the clerk will record the judgment and affidavit and notify the opposing party that the final judgment has been filed in Florida.
There is a filing fee associated with the Domesticating of the Judgment as well as a waiting period. For 30 days after the initial filing, the respondent has an opportunity to respond. This waiting period allows the respondent reasonable time to file an action challenging the validity or enforcement of the final order. If the defendant does not respond or initiate any action during those 30 days the order will be domesticated and enforceable in Florida.
Why Would I Want to Domesticate My Judgment?
In order to have the full enforcement of the Florida authorities, a judgment must be recorded in the Florida Courts. One of the benefits of domesticating your final order is to have the ability to modify that order in Florida courts. Once a judgment is domesticated, Florida law will apply to any modifications the party seek to make to the agreement.
Is Domestication Guaranteed?
No. Parties can attempt to stop the domestication of a foreign judgment or order for several reasons. First, if the order you are seeking to domesticate in Florida is not final, the court will not record the order. This means if your order is currently under appeal or there are other related court proceedings that have not terminated before seeking domestication, it is likely the order will not be domesticated.
Will My Order Be Domesticated?
If you are considering domesticating your out of state order in Florida, or you have questions on how to begin the process contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+- See more at: http://www.familymaritallaw.com/can-i-enforce-or-modify-my-out-of-state-divorce-in-florida/#sthash.JBZBEqtz.dpuf