USA – FLORIDA Law and Practice Contributed by: Elisha D. Roy, Sasser, Cestero & Roy
DeLoach, 453 So. 2d 454, 455 (Fla. 2d DCA 1984)). In cases regarding children’s issues, if the child(ren) had been a resident of Florida for six months prior to filing the petition for dissolution of marriage and Florida is the home state of the child(ren), the court may stay all other issues and retain jurisdiction to determine the pending child-related issues. See Norris, at 1086. Florida courts may hear some financial claims after a foreign divorce for the purpose of enforce - ment. • Florida courts may enforce a foreign court’s alimony award, however, it may not be modi- fied. The foreign court retains continuing and exclusive jurisdiction over the alimony award. § 88.2051(6) and § 88.2061(3), Fla. Stat. • Full faith and credit are given to all final and non-modifiable judgments from other states entered in accordance with constitutional due process rights to all parties. Fisher v Fisher, 613 So. 2d 1370 (Fla. 2d DCA 1993). • Foreign judgments may be domesticated in Florida pursuant to §55.501–§55.509, the Florida Enforcement of Foreign Judgments Act. 2.2 Service and Process Service of process for financial proceedings may be accomplished by personal service, substitute service or constructive service. Service may be made by an officer authorised by law to serve process or by any competent indi - vidual, not interested in the action and appointed by the court. If service is not effectuated within 120 days after filing the initial pleading, the court must direct
that service be initiated within a certain time period or dismiss the action. After service has been completed for financial proceedings, the parties have 45 days to exchange financial doc - uments through mandatory disclosure pursuant to Rule 12.285 of the Florida Family Law Rules of Procedure. 2.3 Division of Assets Florida approaches the division of assets with the premise that that division should be equi - table, which generally results in an equal divi - sion of assets, pursuant to § 61.075, Fla. Stat. The court must make specific factual findings in distributing assets. The court starts with the presumption that all assets and liabilities acquired during the marriage are marital, and therefore subject to equitable distribution, and that all assets and liabilities that existed before the marriage are non-marital, and therefore not subject to distribution. If a party is claiming that a pre-marital asset is marital or an asset acquired during the marriage is non-marital, the burden of proof is on that spouse to prove same. By a showing of extraordinary circumstances, the court can enter an order for partial equitable distribution of assets during the pendency of a case, pursuant to § 61.075(5), Fla. Stat. This statute was recently expanded to permit an interim distribution to avoid or prevent the loss of an asset through repossession or foreclosure, the loss of housing, the default of a debt, or the levy of a tax lien, and can be for the purpose of making funds available for the payment of attor - ney’s fees and costs. However, this is statutorily driven and often difficult to accomplish, and the moving party must strictly comply with the pro - cedural requirements of § 61.075, Fla. Stat., or they will be prohibited from receiving this form of relief. The court’s determination in this order
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