Tampa Interstate Family Law Attorney

Divorce is never easy. There are a host of emotions associated with ending a marriage, and many legal complexities involved. All of this is true when a married couple is getting a divorce and they live in the same house, or at least the same state. However, when a couple does not live in the same state, it can make it even more difficult for couples to understand how the law will apply to their case. Below, our Tampa interstate family law attorney explains further.

Jurisdiction

Jurisdiction is very important in any legal case because it determines which court will hear a case, as well as what laws will apply. When two spouses both reside in Florida, state law will apply. However, if one spouse lives in a different state, jurisdiction becomes a bit more complex. In these situations, generally the state in which a legal action is filed has jurisdiction. For example, if a spouse lived in Florida and filed for divorce against their spouse that lived in Texas, Florida law would apply.

The Full Faith and Credit Clause

The Full Faith and Credit Clause was created by the Founding Fathers and was written into the U.S. Constitution. This clause imposes a duty to uphold the records, public acts, and judicial proceedings of every other state. As such, if someone moved to Florida and had a family situation that is not legally recognized in The Sunshine State, the other state’s laws would apply. Common law marriages are one of the best examples of this. While Florida does not recognize common law marriages, it will recognize a couple who moved to the state after being declared in a common law marriage in another state.

The Uniform Child Custody Jurisdiction and Enforcement Act

The majority of states, including Florida, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The Act is meant to promote the best interests of the child in all states, avoid frivolous litigation, and prevent illegal relocations or child kidnapping. The Act also requires the courts in Florida to treat child custody orders from other states as though they were issued in Florida. As such, a parent can move to Florida from another state and keep the arrangements within their original custody order.

The Uniform Interstate Family Support Act

The Uniform Interstate Family Support Act (UIFSA) is similar to the UCCJEA but it addresses the issue of child support. This Act gives states ‘long arm jurisdiction’ to enforce child support orders, even when they are issued to someone who is not a resident of that state. All states have adopted this Act and so, non-paying parents cannot avoid support obligations by moving to a different state.

Call Our Interstate Family Law Attorney in Tampa for Legal Help Today

Getting a divorce or having another family law issue across state lines is very complicated. At Florida Law Advisers, P.A., our Tampa interstate family law attorney can help you resolve these matters and will give you the best chance of obtaining a favorable outcome. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation.