Divisible Divorce

27 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Pawley v. Pawley
  46 So.2d 464· Fla.· 1950-04-06 ·cited 142×
  The Florida Supreme Court affirmed a lower court's decision dismissing a wife's claim for alimony unconnected with divorce. The court found that a Cuban divorce obtained by the husband was valid under the principle of comity, as it met Cuban legal requirements and did not violate
• Davis v. Rosman Charles Dieujuste
  496 So. 2d 806· Fla.· 1986-10-16 ·cited 72×
  The Florida Supreme Court held that when a trial court has jurisdiction to adjudicate property rights in a dissolution proceeding, a final judgment of dissolution bars subsequent litigation over property rights that evolved during the marriage, even if not addressed in the origin
• Verone Marin Fehlhaber v. Fehlhaber
  681 F.2d 1015· 5th Cir.· 1982-08-06 ·cited 71×
  The court held that a prior Florida divorce did not divest the California court of jurisdiction over property and support issues, and that while a cash offset for property division was permissible, the amount awarded in default exceeded the relief prayed for in the complaint.
• Montano v. Montano
  520 So. 2d 52· Fla. 3d DCA· 1988-01-12 ·cited 22×
  Florida courts have jurisdiction to dissolve a marriage validly performed in a foreign country, but require personal jurisdiction to dispose of property or award alimony and child support.
• Tasanilla Hopson v. Hopson
  221 F.2d 839· D.C. Cir.· 1955-01-20 ·cited 18×
  The court holds that the District Court properly accepted jurisdiction over the case. The judgment should be affirmed for reasons set forth in a dissenting opinion.
• Birnbaum v. Brigette Birnbaum
  615 So. 2d 241· Fla. 3d DCA· 1993-03-09 ·cited 14×
  The court held that Florida courts have subject matter jurisdiction for dissolution and custody, but lack personal jurisdiction over the husband for property division.
• Hunter v. Hunter
  359 So. 2d 500· Fla. 4th DCA· 1978-05-16 ·cited 10×
  This case concerns the extent to which a New York support judgment, including amounts accrued after a Florida dissolution, is enforceable in Florida.
• Coppersmith v. Coppersmith
  127 So. 2d 711· Fla. 2d DCA· 1961-03-01 ·cited 10×
  In this 1961 Florida appellate case, the court reversed the denial of a defendant's motion to dismiss in an action for alimony unconnected with divorce, holding that the plaintiff failed to adequately allege the existence of the marital relationship required under Florida law to
• Ellis K. Orlowitz v. Orlowitz
  208 So. 2d 849· Fla. 3d DCA· 1967-07-11 ·cited 9×
  The court held that an ex-husband may collaterally attack Pennsylvania divorce judgments for alimony and attorney's fees in Florida when he was not personally served within Pennsylvania and had no voluntary appearance there. The court recognized the doctrine of divisible divorce,
• Verone Marin Fehlhaber v. Fehlhaber
  669 F.2d 990· 5th Cir.· 1982-03-11 ·cited 8×
  The court held that while support and attorney fees judgments are enforceable, the property division judgment is not because the California court exceeded its jurisdiction by improperly offsetting community property assets in a non-statutory equitable action.
• Meredith v. Meredith
  226 F.2d 257· D.C. Cir.· 1955-07-07 ·cited 6×
  A Texas divorce decree, valid as to marital status, cannot extinguish a wife's right to maintenance previously claimed in the District of Columbia, as maintenance is a personal financial right requiring jurisdiction over the defendant.
• Scott-Lubin v. Lubin
  49 So. 3d 838· Fla. 4th DCA· 2010-12-08 ·cited 4×
  In a family law matter, the trial court vacated a default final judgment of dissolution of marriage, finding it lacked personal jurisdiction over the husband because he was never properly served. The appellate court reversed, holding that the husband's voluntary appearance and pa
• Beroes v. Fla. Dep't OF Revenue
  958 So. 2d 489· Fla. 3d DCA· 2007-05-30 ·cited 4×
  In this family law appeal, the former husband challenges a post-dissolution order awarding ongoing and retroactive child support. The court holds that the trial court retained subject matter jurisdiction to award child support despite the striking of certain paragraphs in the fin
• Wilson v. Wilson
  667 F.2d 497· 5th Cir.· 1982-02-12 ·cited 4×
  A prior divorce decree awarding a portion of military retirement pay remains res judicata despite the subsequent Supreme Court decision in McCarty v. McCarty.
• Borst v. Borst
  161 So. 2d 693· Fla. 2d DCA· 1964-03-13 ·cited 4×
  A Florida resident sought to modify a foreign alimony decree against his ex-wife, a New York resident, using substituted service by publication. The court held that Florida courts lack jurisdiction to modify alimony decrees where all prior proceedings occurred outside Florida and
• Carlton v. Zanazzi
  266 So. 3d 243· Fla. 2d DCA· 2019-03-06 ·cited 3×
  Krista Carlton appeals an order vacating the final judgment dissolving her marriage to Victor Zanazzi. The trial court vacated the judgment based on lack of subject matter jurisdiction, reasoning that a voluntary dismissal entered in 2016 divested the court of jurisdiction to lat
• United States v. Floretta G. Smith
  398 F.2d 173· 3d Cir.· 1968-07-11 ·cited 2×
  A Florida divorce decree obtained through constructive service, even if the defendant spouse did not actually receive notice, is valid and terminates the marriage for purposes of survivor annuity eligibility.
• LEE v. Katja LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action concerning marital assets after a divorce granted in Finland. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees, finding the trial
• LEE v. Katja Susanna LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees in the family law case, and reversed the denial of consolidation and the denial
• Rangwal Eloy Spindler v. Mayol
  849 So. 2d 1102· Fla. 3d DCA· 2003-05-28
  In this divorce appeal, the Florida Third District Court of Appeal addressed whether a trial court had personal jurisdiction over a husband who absconded to Brazil with the parties' child. The court held that while service of process was defective, the judgment dissolving the mar
• Trisha Louise Conlon v. Heckler
  719 F.2d 788· 5th Cir.· 1983-11-14
  The court held that a Texas divorce decree declaring paternity is not binding on other states if the Texas court lacked personal jurisdiction over the father, and thus Trisha is not entitled to Social Security survivor benefits.
• Dorney v. Dorney
  245 F.2d 201· 4th Cir.· 1957-05-27
  A state court has jurisdiction to enter a separate maintenance judgment against a party who initiated a prior action in that court, even if a subsequent foreign divorce decree was entered, provided the party was properly served or appeared in the maintenance proceeding.