However, this is not always the case, especially in situations where one of the spouses lives abroad. Fortunately, it is possible to file for divorce in another state or a foreign country, although it does come with its own set of complications, so if you are unsure if your local court will recognize a divorce obtained from another country or state, it is important to retain an experienced Fort Lauderdale divorce attorney who can ensure that you comply with the proper rules and procedures.
Divorces obtained in other states or in other countries are both considered to be foreign judgments in Florida. This means that if a person obtained a divorce in a different state or country and his or her spouse lives in Florida, the Florida resident will need to petition the local court to enforce or modify the divorce decree through domestication.
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By domesticating a foreign judgment, whether it be from a different state or a different country, Florida courts allow parties who are seeking enforcement of their decree to apply for relief through local courts. To request domestication of a foreign divorce decree, a petitioner must obtain a certified copy of the final divorce judgment from the originating state or country. Petitioners must then prepare and submit to the court a notarized affidavit, as well as a petition to domesticate. The petition itself must contain the terms that a person wishes to be modified or enforced.
In most cases, Florida courts are willing to domesticate a foreign judgment as long as it has not been amended, is not on appeal, and is not subject to pending proceedings in another jurisdiction.
Care for children is a particularly sensitive and important issue for each parent. For this reason, divorce with an international element can be a major problem for both children and parents, especially if they live in different countries, as a series of issues are raised on which spouses should agree. These are some of the most important issues:.
Domestic regulations stipulate that the issue of exercising parental rights must be solved within the marital dispute. Consequently, the jurisdiction of the court for the divorce also extends to this segment of family relations, since the exercise of the parental right is an accessory decision along with the decision to divorce the issue of exercising parental rights must be resolved in the divorce proceedings. If spouses are divorced by mutual agreement, this means that they have also agreed on the exercise of parental rights on joint children, because it is an integral part of this agreement.
Serbia is a signatory to the Hague Convention  , which closely regulates the relations between parents and children. This rule can only be waived if that is in the best interests of the child, and the competent court decides on the best interests of the child in each particular case. It should be noted that for the purposes of this Convention, a child is considered a person under the age of The Convention provides for the application of the law of the country where the court is located and in the event of a transfer of jurisdiction, the law of the country which decides on the relationship of parents and children will also apply the law of the country with the assigned jurisdiction is applied.
This rule may be waived in cases the law of the decision-making court differs substantially from the law and the public order of the country of the habitual residence of the child. Oftentimes, with marriage dissolution, one of the parents wants to return to the country of their origin with their child or decides to move to a third country.
The Hague Convention will apply if the following conditions are met:. In one of our previous blogs, we elaborated in detail the topic of international child abduction.riequemikess.tk
Serbian Orthodox Diocese v. Milivojevich, 426 U.S. 696 (1976)
Each parent is obliged to take care of for their child, which means that they provide child support to them according to their abilities and income, providing the child with basic means of living, education, integration into society…. The Family Law of Serbia stipulates the judgment of dissolution of marriage must also decide on the exercise of parental rights, and therefore also to the child support.
So, if a domestic court is in charge of the divorce, it will be competent to decide on the child support of joint minor children. The court is obliged to particularly urgently handle child support disputes, which means that it must schedule the first hearing within 15 days from the receipt of the complaint. The amount of alimony is determined according to the needs of the child, their age, health, property at their disposal and the potential of their parents earnings, personal needs, obligation to support other persons….
Regarding this issue, it is also important to mention the Convention on the Recovery Abroad of Maintenance , which Serbia ratified. The Convention establishes mechanisms that should enable and facilitate the fulfillment of the obligation to provide support if the donor and the recipient of child support are in different countries. It is customary for the spouses to carry out some wedding follow-up purchases: to buy an apartment , furnish it according to their aesthetics and desires, buy a car or maybe even raise a loan if the spouses believe are unable to carry out financial goals without it.
In the case of a divorce, spouses will share everything they acquired through marriage and that procedure can be complicated and unpleasant on its own, accompanied by the demands and attitudes of both spouses on what belongs to whom and who contributed to what degree to the marital community and its property. Divorce with a foreign citizen is another issue. It raises the question of the jurisdiction of the court for assets that are not located on its territory, as well as for the joint property of spouses where only one of the spouses is Serbian citizen, as well as the question of the law to be applied in such a case.
The sharing of common property acquired in marriage can be carried out in two ways, either through:.
Serbian Orthodox Diocese v. Milivojevich :: U.S. () :: Justia US Supreme Court Center
If the agreement on sharing common property has not been reached, the matter the civil court decides on this matter in a special lawsuit on the division of property acquired through marriage, which is most likely to be initiated after the divorce. In this procedure, the Serbian court will establish international jurisdiction if the defendant is resident in Serbia. The Serbian court will also be competent in the place of permanent or temporary residence of the petitioner in Serbia, but only on condition that the property that is the subject to dispute is also located in the territory of Serbia.
For the property abroad, the Serbian court may be competent only with the consent of the defendant as follows:.
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The Serbian court will also be competent in the matter of real estate located on the Serbian territory. It is not necessary for either party to have a place of residence in the Serbian territory. In property disputes, it is possible for the spouses to agree on the jurisdiction of our court but provided that at least one of the spouses is a Serbian citizen.
Spouses may also agree on the jurisdiction of a foreign court, but it is necessary for at least one spouse to be a foreign citizen and that the property in the matter is on the Serbian territory. This blog post rounded up the matter of divorce with a foreign citizen and provided answers to most frequently asked questions from our clients in practice. Although divorce with a foreign element almost always leads to a fairly complicated procedure, we conclude it does not always have to be the case, especially if our court is competent for divorce, and the foreign law that applies in divorce proceedings does not differ substantially from the Serbian law.
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