QUESTION
Can I take divorce proceedings to Poland, whwre I was married while it has already been filed in Florida?
Asked on May 26th, 2017 on Divorce - Florida
More details to this question:
We were married in Poland, but moved to the US and are citizens of both countries now. My wife has recently filed for divorce in Florida and it is almost ready to get finalized. Could I at this moment take it to Poland and restart there as a continuation or it is now only a jurisdiction of American courts? If I can continue it from Poland, can the Polish court's ruling. particularly assets division, be enforced here in the USA or it has to be divided according to American laws? Should I even try to file for a divorce from Poland?
1 ANSWER
Since you both last resided together in Florida, and (since you say the divorce is close to finalized) you apparently submitted yourself to the jurisdiction of the Florida court. Thus, Florida has full authority to divorce you and divide your assets and liabilites as well as determine alimony, if that is an issue. You do not say if you have children, but if the children lived here in Florida for at least 6 months prior to filing, then the courts here have jurisdiction over the children as well.
However, if you own marital property in Poland, the Florida courts do not have any jurisdiction over this property and you would have to file an ancillary action in Poland. If this is the case, I would suggest you contact a Polish attorney to find out how to proceed once the divorce is finalized in Florida.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward -Boca Raton
954-316-3496
info@vovalaw.com
Answered on May 29th, 2017 at 6:28 PM