ROSWELL C. MERRITT, APPELLANT,
v.
LILLIAN E. MERRITT, APPELLEE

Fla. 2d DCA | 1979-04-18
No. 78-2103
HOBSON, Acting C. J., and OTT, J., concur.
369 So. 2d 1005 Florida District Court of Appeal, Second District (1979)

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Synopsis

Roswell Merritt appeals the dismissal of his divorce petition after he moved from Florida to California during the pendency of litigation. The court held that jurisdiction to grant a divorce is established by meeting statutory residency requirements at the time of filing, and a petitioner's subsequent change of domicile does not divest the court of jurisdiction.


Holding

A showing of statutory residency requirements at the time of filing a divorce petition provides the court with jurisdiction, and a petitioner's subsequent change of domicile before the final hearing does not divest the court of that jurisdiction.


Headnotes

[1] A change of domicile by a party seeking a divorce during the pendency of the litigation does not divest a court of jurisdiction if the statutory residency requirements we…

[2] Florida courts have jurisdiction to grant a dissolution of marriage if the petitioner meets the statutory residency requirements at the time the petition is filed.

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Key Quotes

“Generally, change of domicile by the party seeking a divorce during the pendency of the litigation does not divest a court of jurisdiction.”

Establishes the general legal principle from other state courts that guides the court's holding.

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Facts & Procedural History

Appellant Roswell Merritt resided in Florida for one year and filed a petition for dissolution of marriage, meeting the statutory residency requiremen…

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Roswell Merritt appeals the dismissal of his petition for dissolution of marriage alleging that he met the statutory jurisdictional requirements at the time of the filing of his petition and need not show subsequent continuing Florida domicile. We agree and reverse.

Appellant resided in Florida for one year before filing his petition and provided the requisite proof of residency. Nearly a year after filing the petition, but before the final hearing, appellant left Florida to become a resident of California. The trial court found the subsequent abandonment of Florida domicile to defeat jurisdiction to decide the merits of the petition and dismissed the petition.

Florida courts have apparently not addressed this exact question before, but the courts of other states have resolved the issue. Generally, change of domicile by the party seeking a divorce during thé pendency of the litigation does not divest a court of jurisdiction. Baker v. Baker, 166 Conn. 476, 352 A. 2d 277 (1974); Brewer v. Brewer, 205 Ga. 759, 55 S.E. 2d 147 (1949); Hawkins v. Hawkins, 462 S.W. 2d 818 (Mo.App.1970). This result gains further weight from general textual material. See The Florida Bar Continuing Legal Education, Florida Family Law § 20.4 (1972); 24 Am.Jur.2d Divorce and Separation § 256 (1966); Cases cited in Annotation, Effect on Jurisdiction of Court to Grant Divorce, of Plaintiff’s Change of Residence Pendente Lite, 7 A.L.R.2d 1414 (1949).

Additionally, we note that there is no common law right to divorce; the action is entirely dependent on statute. See Cases cited in 24 Am.Jur.2d Divorce and Separation § 240 (1966). The only jurisdictional requirement imposed by statute in Florida is that contained in Section 61.021, Florida Statutes (1977). Appellant met that requirement by showing residency for the six month period. A showing of residency sufficient to meet the statutory requirement satisfies the jurisdictional question so that petitioner may obtain recognition of the judgment in other states under the full faith and credit clause of the United States Constitution. Shiffman v. Askew, 359 F.Supp. 1225 (M.D.Fla.1973), aff’d sub nom., Makres v. Askew, 500 F. 2d 577 (5th Cir.1974); Caizza v. Caizza, 291 So. 2d 569 (Fla. 1974), cert. denied, 420 U.S. 907, 95 S.Ct. 825, 42 L.Ed.2d 836 (1975). Since the statutory requirement was met, the lower court erred by considering other aspects of appellant’s domicile.

We hold that a showing of the statutory residency requirement at the time of filing the petition provides the court with jurisdiction. A later change of domicile of the petitioner before the final hearing does not divest the court of jurisdiction. Cf. Ramsey v. Lovett, 89 So. 2d 669 (Fla.1956); 1 J. Pomeroy, Equity Jurisprudence § 181 (1905); Cases cited in Annotation, 7 A.L. R.2d 1414 (1949).

REVERSED and REMANDED for further proceedings consistent with this opinion.

HOBSON, Acting C. J., and OTT, J., concur.


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