Margate, FL Divorce Law Firms & Lawyers

The question comes down to whether Utah can exercise jurisdiction over your husband in a divorce action. The typical couple in a divorce action usually lives in the same state, even if they are separated at the time the complaint for divorce is filed. In those situations, jurisdiction over the parties is not in question. See Utah Code Section 30-3-1(2): 30-3-1. Procedure Residence Grounds. (2) The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3) *in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county where the action is brought*, or if members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action. But your husband is in prison in another state. Fortunately, Utah has (as do all states) what is referred to as a "long arm statute" that extends personal jurisdiction over people beyond the borders of the state if those people meet certain criteria. Utah's long arm statute is found in Section 78B-3-205 of the Utah Code: 78B-3-205. Acts submitting person to jurisdiction. [A]ny person or personal representative of the person, whether or not a citizen or resident of this state, who, in person or through an agent, does any of the following enumerated acts is subject to the jurisdiction of the courts of this state as to any claim arising out of or related to: * * * * * (6) with respect to actions of divorce, separate maintenance, or child support, having resided, in the marital relationship, within this state notwithstanding subsequent departure from the state; or the commission in this state of the act giving rise to the claim, so long as that act is not a mere omission, failure to act, or occurrence over which the defendant had no control[.] So what does it mean to "reside, in the marital relationship, within this state notwithstanding subsequent departure from the state"? no Utah case has come right out to state what residency means for the purpose of interpreting Utah's long arm statute, but this is the best I could find from the case of Mori v. Mori, 896 P.2d 1237, 1240 (Utah App.,1995): *See* Knuteson v. Knuteson, Utah, 619 P.2d 1387, 1389 (1980) (where it was held that a stay of two months and ten days did not establish a ?settled abode? (quoting Webster's New Twentieth Century Dictionary, 2d ed.)). "Webster's New Twentieth Century Dictionary, 2nd. Edition, defines the word 'reside' as: To dwell permanently or for a length of time ; to have a settled abode for a time." Utah's long arm statute has been interpreted to mean that if you and your husband ever resided in the state of Utah during the marriage?even if you moved away from Utah after residing here?Utah has jurisdiction over your husband for divorce purposes. And while I'm not certain of this, I believe that if you and your husband married in the state of Utah, even if you immediately left the state of Utah the day of your wedding or shortly thereafter, your wedding in the state of Utah likely qualifies as "commission in the state of the act giving rise to the claim" for divorce; i.e., if you were married in Utah, Utah has jurisdiction over both of you in a divorce action as well.

The answer to this question is complicated, because under FL law, a child conceived during a lawful marriage is presumed to be a child of the marriage. Most judges ask at the uncontested final hearing if the wife is pregnant. There are some options that you can look into for a situation like this, including but not limited to pre-birth DNA testing to establish that your husband is not the biological father, so that you can have that evidence available at the uncontested final hearing, and can refer to it in your marital settlement agreement. You might also just include an acknowledgement of the pregnancy in your marital settlement agreement and that your husband is not the biological father, though this may potentially leave the door open for future legal issues.

If the court entered these documents they should not be void. However, you might want to get new copies of the documents from the court or your attorney.