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How To Get Dismissal For Lack of Jurisdiction

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  • 12-02-2008, 08:12 PM
    elektraweston
    How To Get Dismissal For Lack of Jurisdiction
    My question involves divorce in the State of: florida/ohio

    how can i get a dismissal of divorce case pending in ohio when i live in florida and have been here for six months, i am a perminate resident of florida. i would like the divorce settled here in florida.
  • 12-04-2008, 03:29 AM
    Mr. Knowitall
    Re: How To Get Dismissal For Lack of Jurisdiction
    Why was the case filed in Ohio?

    This is a divorce case you filed? With no answer or counter-claim filed by your spouse? Then you should be able to file for dismissal.

    If the Ohio divorce action was filed by you with an answer or counter-claim having been filed by your spouse, or if it was filed by your spouse, see if your spouse will stipulate to a dismissal.
  • 12-04-2008, 02:17 PM
    elektraweston
    Re: How To Get Dismissal For Lack of Jurisdiction
    Thanks for answer. My husband, my two children (2 and 8) and myself moved to the state of Florida on June 1st 2008. On July 19th 2008 we had a DV case where he was incarcerated for the first time. My children and I never leave the state, he did and adviced by his lawyer, files for divorce (end of July) under Columbus Ohio Court. I been served with a lot of paperwork from his lawyer, I didn't answer. But I let know The Ohio and Florida court about the jurisdictional issue. Now, I want to file a motion to dismiss my divorce case in Ohio for lack of jurisdiction. And because I'm my own lawyer I been trying to find the correct "form" to do it.
    Anyway Florida court has the child custody issue on their territory (DFC is involve too, he went to jail for child abuse) so, my case is messy.
    I'm a permanent resident of Florida i been living here more than 6 month and he lied about his residence My (ex)husband lives here TOO.
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