Can an out of state divorce be enforced in Florida?
Because divorce is state specific, it is difficult to know how to “transfer” your divorce when you move. If you and your children have moved or relocated after a divorce, paternity or other family law proceeding has terminated, you might be wondering if Florida will enforce those orders. If you have received a final judgment then you might be able to domesticate said judgment. This is the formal process necessary to enforce your foreign (out of state) divorce. Outside of the enforcement guaranteed by the Full Faith and Credit Clause of the U.S. Constitution, several acts of the Florida legislature have detailed how to record, or domesticate, your order in your new home state.
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.
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 seeks to make to the agreement.
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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