Family Law (Divorce, Family Relations)/Motion to dismiss
My spouse did not file for our divorce in the county of our last residence which was in Flagler County, Florida. She left me and moved in with an ex-patient that she met while in a mental hospital in Duval County. (She has been diagnosed with bipolar 1 with psychotic episodes,and was in the mental hospital for 39 days.) She got out on May 1,13 and filed for divorce on May 17,13. I want to file a motion to dismiss the suit due to the lack of Duval County Court's jurisdiction.
Hi Dale, any court in Florida will have jurisdiction over the case. What you are discussing is venue and is not as controlling as jurisdiction, The most proper venue in divorce cases pursuant to Florida Case law is laid in the county where you and your wife last resided together as husband and wife. While you may be able to have the case transferred to the proper county under a motion to transfer the court is not likely to dismiss the action outright but will usually enter an order that will require your wife to transfer the case to the proper county within a time certain or the case will be dismissed if she fails to do so.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401