![]() ![]() ![]() ![]() While trial courts will usually suspend proceedings when a prior action concerning the identical topic has been brought in another court, they are not always required to do so. While Florida held jurisdiction over the case at the outset, the court noted that when the husband dismissed his petition, Florida lost its right to claim exclusive jurisdiction. As a result, if another court is hearing a case involving the same issues and parties, a Florida court may order a stay of proceedings before it. While it does not apply as a matter of duty when dealing with different countries, it is employed as a matter of courtesy. In Florida, when numerous courts have concurrent jurisdiction over the matter, the court that exercises jurisdiction first obtains the sole right to proceed with the case, which is referred to as the principle of priority. The court ultimately concluded that Spain had jurisdiction over the matter and granted the husband’s motion. The husband then served the wife with the Spanish divorce petition and moved to dismiss the Florida case. Following his dismissal of the Florida case, the wife filed her own divorce petition in Florida. It is reported that the husband subsequently filed a second divorce petition in Spain. The wife refused and then fled with the children to Florida, prompting the husband to submit an emergency petition for the children’s return as well as a divorce petition. They were subsequently accused of criminal activity in Luxembourg, after which the husband pressured the wife to sign an agreement. They moved to Southern Florida after having two children. If you wish to seek a divorce, you should consult with an experienced Florida family law attorney to assess what actions you should take to protect your rights.Īllegedly, the husband and wife, both Spanish citizens, married in Spain in 2008. In a case where divorce proceedings were filed in both Spain and Florida, a Florida court recently reviewed the process of assessing what court has jurisdiction over a divorce action. When a couple has lived in more than one jurisdiction during the course of their marriage, the question of which state or country has the authority to decide over the divorce proceedings might lead to contentious disagreements. It is critical to litigate a family law issue in the proper jurisdiction in order to preserve the rights of all parties concerned. ![]()
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