If you obtained a divorce judgment or other family law order in another state or country, you must “domesticate it in Florida. Both out-of-state and out-of-country family law judgments are considered “foreign” and must be domesticated before they can be enforced or modified.
Because cases involving court judgments from outside the state pose unique challenges, having a knowledgeable family law attorney is a wise choice. That’s where the Orlando Family Team comes in. We are well-versed in the rules governing foreign family law judgments and can guide you through the process of domesticating yours in Central Florida. Contact us today for a consultation.
Reasons to Domesticate a Judgment from Outside Florida?
When the courts of another state (or country) issue a judgment, Florida courts view it as “foreign.” Divorces involve more than just the legal dissolution of a marriage; decrees typically include provisions concerning:
- Marital property and debt division
- Spousal support (alimony)
- Child custody and parenting plans (visitation)
- Child support
If you relocate to Florida, you must have your family law judgment domesticated if you want it to be enforced. While the judgment from your previous state or country is still valid in the state you previously resided, courts in Florida can’t enforce it until it’s been domesticated.
First, Florida courts must ensure the judgment is valid, so they first require a certified copy before it is domesticated. Courts must also verify that there are no superseding orders that have replaced or invalidated an old one.
Without some form of domestication, an ex-spouse could falsely claim that an outdated order is still in effect and attempt to enforce it against the other party. Florida’s domestication laws are designed to avoid that.
Finally, domestication is necessary to modify a prior judgment. A variety of life changes could make modifying an existing order necessary. However, courts will not consider modifying a judgment from another state or country unless it is domesticated in Florida.
How Do I Domesticate a Foreign Judgment?
Generally, there are three ways to domesticate a family law judgment in Florida, depending on the type of order, under the following statutes:
- The Uniform Child Custody Jurisdiction and Enforcement Act (for child custody orders)
- The Uniform Interstate Family Support Act (for spousal support and child support orders)
- The Uniform Out-of-Country Foreign Money Judgment Recognition Act (for judgments from outside the country)
Regardless of the type of judgment, you must obtain a certified copy of the final judgment. Next, you must file a notarized affidavit and a Petition to Domesticate a Foreign Judgment with the appropriate court clerk in Florida. The petition will indicate the items you want to be enforced or modified. Finally, the petition must be served on the respondent to the existing order.
Special Rules for Out-of-Country Judgments
If the judgment is from another country, the above procedure applies. Also, you will need a certified translation of the judgment, if necessary. Notably, judgments must be fair and consistent with Florida law and public policy for the courts to recognize them.
What the Courts Consider
The judge will consider the petition and approve domesticating the foreign judgment if it:
- Has not been modified or otherwise amended
- Is not subject to any pending appeals or proceedings in the original court where it was issued
- Was validly entered by the original court
How Orlando Family Team Can Help Domesticate a Foreign Judgment
Trust our family law attorneys to handle all the details, from obtaining a certified copy of the existing order and preparing the necessary paperwork to filing the petition and representing you before the Florida courts.
We can also assist with enforcing the order or pursuing a modification, depending on your circumstances, guide you through the process, and protect your rights at every step.
Our attorneys also represent clients on the other side, opposing the domestication of invalid and unworkable orders. No matter your situation, you can depend on the Orlando Family Team to guide you through this challenging transition so you can move on to the next chapter in your life.
Helping People In Orlando to Domesticate Foreign Family Law Judgments
Whether you need assistance domesticating a foreign judgment or challenging one, turn to Orlando Family Team. Let us guide you through the domestication process and protect your rights and interests. Get in touch today to learn how we can help.
