Tuesday, June 6, 2006

Case Law Development: Nonimmigrant aliens can be "residents" for subject matter jurisdiction purposes under divorce statutes

Husband and Wife each are citizens of other countries who hold nonimmigrant visas.  Wife filed a dissolution of marriage action in Florida and Husband argues that Wife's status as a nonimmigrant alien prohibited her from claiming that Florida was her "residence" for the six months preceding the date she filed her petition for dissolution of marriage, thus precluding subject matter jurisdiction.  The Florida Court of Appeals held that an individual's nonimmigrant status does not preclude her, as a matter of law, from establishing residency in Florida for purposes of establishing subject matter jurisdiction for divorce.

Weber v. Weber, 2006 Fla. App. LEXIS 8599 (June 2, 2006)
Opinion on the web (last visited June 6, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/06/case_law_develo_2.html

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