St. Cloud, FL Divorce Law Firms & Lawyers

Dear Anonymous:   To get a divorce in  Florida the law merely requires that one of the parties state that the marriage is "irretrievably broken," which, simply means  it can't be fixed.   As such, the fact that you were married four months or forty years has no bearing on the court's ability to grant your divorce.  If it is a mistake, then better to get out now.  But if it it can be salvaged maybe some counseling would help.  It's almost a new year so hope everything works out for you.     Best wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785

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.

I do not see any connection to Florida in your facts. If you received a written final judgment signed by the Judge from Florida, it is effective and dissolves your marriage immediately. There is a 10 day period for rehearing and a 30 day appeal period. If there were no further filings, the judgment would be final.