QUESTION
Should I file the answer and motion for the civil actions by my ex-spouse or just one of the two?
Asked on Apr 17th, 2014 on Litigation - Florida
More details to this question:
My spouse of 13 years took our 2 sons and moved to Alabama last year. I filed for divorce, before 180 days were up, here in the Florida courts. Last week I received a notice of case action to appear in civil court in Alabama next month. Mediation is scheduled here in Florida for May 5th. Legal aid told me I can file a motion to have this dismissed (due to fact it should have been filed in Florida court) or at the very least schedule a telephonic hearing. I researched the forms from the Alabama website: 1 is a motion to request dismissal, the other is the answer to the complaint. Should I file the answer and motion, or just one of the two?
7 ANSWERS
You should just file the motion to dismiss/stay the Alabama case on the grounds that Florida has priority. While the LAW IN ALABAMA MAY BE DIFFERENT, in Florida A grant of stay is appropriate when two actions are pending simultaneously which involve the same parties and substantially the same causes of action.
Answered on Apr 21st, 2014 at 4:10 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot answer. You really need to have the papers reviewed by an attorney ASAP!
Answered on Apr 18th, 2014 at 6:50 PM
Your matter is too important for you to try and handle it yourself. As I previously suggested, consider retaining an attorney in Alabama to handle the matter on your behalf and get that Alabama matter dismissed.
Answered on Apr 18th, 2014 at 6:50 PM
John Arthur Smitten
You need a lawyer to file a motion to have one of the courts (FL or AL) take jurisdiction over the case.
Answered on Apr 18th, 2014 at 3:23 PM
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Meadows & Howell, LLC
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You have a limited amount of time to file an answer. If an answer is not filed within that time period, then a motion for default judgment could be filed, and an order would be entered without you being able to defend it. If your motion to dismiss is denied, then an answer would be required, so it's best to file one. Judges do show leniency, and may extend the time for filing an answer, but it's generally better to be safe than sorry. You may want to call the judge's clerk to discuss whether they would consider an extension pending the judgment on your motion to dismiss.
Answered on Apr 18th, 2014 at 12:55 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Thanks for the additional information. I'm not an AL attorney and cannot give advice on AL law. Generally, you would not want to file an answer, because doing so may subject you to the jurisdiction of the AL court. Rather, you would want to make a special or limited appearance for the sole purpose of challenging the AL court's jurisdiction over the issues being raised there, by filing a Motion to Dismiss. You should reference the U.C.C.J.E.A., an interstate compact that governs the handling of interstate custody disputes and provides the mechanism for resolving which court has jurisdiction over the issues.
Answered on Apr 18th, 2014 at 12:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need the advice of an attorney in Alabama. My guess is that you should file the motion.
Answered on Apr 18th, 2014 at 12:45 PM