Sunday, June 3, 2007

Third DCA Looks At Divisible Divorce Jurisdiction

Interesting opinion released from the Third on the 30th dealt with a divisible divorce, in which the Court initially granted divorce but lacked in personam jurisdiction over the Wife to resolve remaining issues. As such, the Final Judgment comes out without child support, and there was no mention made of future jurisdiction to award it. On modification by the DOR, the Court grants the support, and on appeal, the Third finds that child support is essential enough to a divorce that no reservation of jurisdiction was required and no mention of the issue in the Final Judgment was required to preserve subject matter jurisdiction. See Beroes v. DOR.

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