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  1. #1
    Join Date
    Mar 2014
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    1

    Default Divorce in Two States

    My question involves a marriage in the state of: New York & Florida

    My ex filed in New York but, the court has written to him three times asking for missing documents and he refuses to respond. Can I file in Florida if an action in New York is already in place? I have been a resident of Florida for over two years.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Divorce in Two States

    As there is already a New York action pending, you can wait for it to be dismissed, move for its dismissal if grounds exist, ask your ex- to voluntarily dismiss such that you can file in Florida, or wait to see what the court does. As it stands, with the pending action in another state, a Florida Court would defer to New York and you would be wasting your filing fees.

    Also, if you lived in New York during the marriage such that the marital estate is in New York, and your ex- won't agree to having its division decided in Floria, the Florida court would have jurisdictional issues dividing that property such that an ancillary action in New York becomes necessary.

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