JEFF GRAY, APPELLANT,
v.
LIOUDMILA BRESLER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed the trial court's denial of the husband's motion to vacate a divorce judgment for lack of jurisdiction, holding that the wife's counterpetition for dissolution satisfied the six-month residency requirement under Florida Statutes section 61.021 even though the husband had not resided in Florida for six months before filing his original petition.
When a husband files a petition for dissolution without meeting the six-month residency requirement, the wife's counterpetition filed more than six months after the husband moved to Florida satisfies the jurisdictional residency requirement under section 61.021, Florida Statutes.
[1] When one party to a dissolution of marriage action files a counterpetition more than six months after the other party has established Florida residency, the six-month res…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe husband filed a petition for dissolution of marriage in 2005 without having resided in Florida for the required six months. The wife subsequently …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Residency Requirements For Divorce cases and more on FLexlaw
On Motion fob Rehearing, Clarification and Certification
We affirm the trial court’s denial of the husband’s motion to vacate the final judgment of divorce for lack of jurisdiction. He claims that he did not reside in the state for six months prior to filing his petition for dissolution in 2005. While that appears to be the case, the trial court explained that the wife filed a counterpetition for dissolution more than six months after the husband had moved to Florida. Because one of the parties had been a resident for six months at the time of the filing of the counterpetition, the requirements of section 61.021, Florida Statutes, were fulfilled.1 See Gilbert v. Gilbert, 187 So.2d 49 (Fla. 3d DCA 1966). Moreover, the husband did not challenge the eviden-tiary predicate in the original final judgment through an appeal, nor does he allege any fraud upon the court. Therefore, the issue was foreclosed by the final judgment, which was not appealed. See O’Connor v. O’Connor, 357 So.2d 763 (Fla. 3d DCA 1978).
Rehearing Denied.
WARNER, POLEN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gilbert v. Gilbert, 187 So. 2d 49 (Fla. 3d DCA 1966)
- O'Connor v. O'Connor, 357 So. 2d 763 (Fla. 3d DCA 1978)