I was married in NY and have a NY marriage cert. My ex now lives in Canada where we settled all assets (US and CA), no children through a completed settlement agreement. I have lived in FL for two years. Can I file in FL w/o her signature and w/o a lawyer?
Dear Anonymous:
You can file for divorce in Florida, and if you get your wife to file an answer to your petition, then the court will have personal jurisdiction over her. In short, that means she cannot contest the divorce because she is not living in Florida. Note, there are exceptions to this, but they are much too complicated to explain in this answer.
That means that the Court can grant your divorce. However, as to enforcing the settlement agreement that you reference, the Court might not have subject matter jurisdiction over parts of the settlement. For example, if the settlement requires that property be sold in Canada, or another state, a Florida judge would not be able to enforce that part of the settlement. Without reviewing the settlement, however, it would be impossible to determine this.
So if you are just looking to get a final judgment of divorce, then yes, you can file in Florida. If your wife and you have already done everything that your settlement required then this should not be a problem.
Best of luck,
Cindy Vova
Law Offices of Cindy S. Vova, P.A.
Broward/ Miami -Dade: 954-316-3496
Boca Raton: 561-962-2785
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