Tom wants a divorce from his wife Liz. Liz wants to stay together. The couple currently lives in Florida. While on a trip to Las Vegas, Tom got divorced from his wife according to Nevada law. When he returned home he gave the divorce decree to Liz. Liz has come to us to see if the divorce decree is valid, and if it is, what her next steps should be.
Issue
Does the state of Florida recognize divorce decrees issued by another state for a marriage domiciled in Florida?
Rule
The state of Florida has discretion on whether to recognize an out-of-state divorce decree. To recognize the decree the record must show the decree likely would have been granted by the state of Florida as well.
Analysis
The state of Florida is likely to give comity to a divorce decree, even one granted for granted by the state Nevada if it can be shown that the Florida would have also granted the divorce decree. “The petitioning party must satisfy the jurisdictional requirements relating to residency or domicile” (Popper v. Popper, 102). Tom’s actions must have satisfied Florida’s requirements to get a divorce. From the limited facts available, it appears that Tom has not fulfilled those requirements.
One of the many requirements to file for marriage and divorce in the state of Florida is a residency requirement. Specifically, Florida requires that a person must be a resident of the state of Florida for at least 180 days before they can file for a marriage or divorce decree. (Lopes v. Lopes, 405). Tom filed the divorce decree while visiting Las Vegas on a business, so it is extremely unlikely that Tom was a resident of the Nevada for 180 days before filing for the divorce decree. Tom has not fulfilled the requirements to file a for a divorce decree in the state of Florida, so it is likely Florida will not recognize the Nevada divorce decree for a marriage fully domiciled in the state of Florida.
The residency requirement is not the only requirement needed to file a divorce decree, and given the limited facts available, it is unclear whether Tom divorce decree meets the other requirement under Florida state law. It should also be noted that Florida has discretion over whether to grant the divorce decree (Popper v. Popper). Thus it is a possible a Florida Court will find that, under the totality of circumstances, Tom did in fact meet the enough of the requirements to file the divorce decree. This scenario seems unlikely at the current time, because residency is an important requirement to meet, but it should be understood that this is still a possibility.
Conclusion
The state of Florida most likely will not recognize the Nevada divorce decree for the marriage domiciled in Florida, because Tom did not meet the residency requirements of the state Florida when he filed for his divorce decree in the state of Nevada.
Works Cited
Lopes v. Lopes, 852 So.2d 402, (Dist. Ct. App., 5th Dist. Fl.) 2003.
Popper v. Popper, 595 So.2d 100, (Dist. Ct. App., 5th Dist, FL), 1992
