LIUDMILA GOLUBTSOVA
v.
VLADIMIR BUDAEV, ET AL.

Fla. 3d DCA | 2026-02-18
No. 2025-0296
418 So. 3d 329 2026 FL 1698 Florida District Court of Appeal, Third District (2026) Positive Treatment
Cited by 2 cases

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Synopsis

A Russian citizen sought equitable distribution of Florida real estate in family court following a Russian divorce decree that did not address the property. The trial court dismissed the petition, and this court affirmed, holding that Florida family courts lack subject matter jurisdiction over equitable distribution claims when neither party is a Florida resident of at least six months.


Holding

The trial court lacked subject matter jurisdiction to hear the equitable distribution petition because Florida's residency requirement for family court jurisdiction is mandatory and jurisdictional. Under Florida Statutes § 61.021, at least one party must reside in Florida for six months before filing a petition for dissolution or related relief.


Headnotes

[1] A Florida court lacks subject matter jurisdiction over a dissolution of marriage proceeding if neither party has resided in the state for the six months preceding the fil…

[2] Florida's residency requirement for dissolution of marriage is jurisdictional and must be alleged and proved in every case.

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Key Quotes

“To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”

Establishes the statutory residency requirement that is jurisdictional in Florida family law

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Facts & Procedural History

The parties were married and subsequently divorced in Russia. The Russian divorce decree did not distribute real estate owned in Miami-Dade County, Fl…

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Per_curiam
Per Curiam

Third District Court of Appeal State of Florida Opinion filed February 18, 2026. Not final until disposition of timely filed motion for rehearing. No. 3D25-0296 Lower Tribunal No. 24-17425-FC-04 Liudmila Golubtsova, Appellant, VS. Vladimir Budaev, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Veronica Diaz, Judge. Bryl Law Offices, and Gregory Bryl, for appellant. Law Offices of Andre G. Raikhelson, LLC, and Andre G. Raikhelson (Boca Raton), for appellees. Before FERNANDEZ, LOGUE and GOODEN, JJ. PER CURIAM.

After years of marriage, the parties divorced in Russia. The Russian divorce decree did not distribute real estate owned in Miami-Dade County. Appellant Liudmila Golubstova subsequently filed a petition in the family court division seeking equitable distribution of the property. No claim for partition was asserted. She alleged that the parties were not permanent residents of Florida; instead, she maintained the parties were citizens of the Russian Federation.

The trial court dismissed the petition. Because the trial court lacked subject matter jurisdiction, we affirm the dismissal. See § 61.021, Fla. Stat. (2024) (“To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”); Fernandez v. Fernandez, 648 So. 2d 712, 713 (Fla. 1995) (“Florida's residency requirement is jurisdictional and must be alleged and proved in every case.”); Marshall v. Marshall, 988 So. 2d 644, 648 (Fla. 4th DCA 2008) (“Under the divisible divorce concept, if the trial court has subject matter jurisdiction over a marriage, pursuant to sections 61.021 and 61.052, Florida Statutes, then it can dissolve the marital relationship."); Hamilton v. Michieli, 954 So. 2d 739, 739 (Fla. 3d DCA 2007) ("It is well-settled law that the trial court has subject matter jurisdiction over a dissolution proceeding so long as one party resides in Florida for at least six months preceding the filing of the petition.”); Orbe v. Orbe, 651 So. 2d 2

1295, 1297 (Fla. 5th DCA 1995) (“Thus, if Lawrence was a resident of Florida for the required time period, the trial court had subject matter jurisdiction."); see also W. 132 Feet, etc., v. City of Orlando, 86 So. 197, 198–99 (Fla. 1920) ("Courts are bound to take notice of the limits of their authority, and if want of jurisdiction appears at any stage of the proceeding, original or appellate, the court should notice the defect and enter an appropriate order."). Affirmed. 3


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Citator

Cited By

  • Puertas v. Ruiz (Fla. 3d DCA 2025)
    …petition is titled Petition for Relocation and for Modification, it is substantively a petition for relocation only, in which Ruiz notes that modification of a parenting plan would be necessary if her petition was granted. See Golubtsova v. Budaev, 418 So. 3d 329, 330 (Fla. 3d DCA 2025) (“[T]he title of a count in a complaint is not controlling—we must look to the substance of what is being sought.”); see also Fla. R. Civ. P. 1.110(g) (“All pleadings must be construed so as to do substantial justice.”). o…
  • Carner v. Carner (Fla. 4th DCA 2026)
    …ny grounds to assert equitable or legal title to the property, nor any connection to it other than as a potential source from which to recoup child support.” Id. at 755.6 The Third District recently reached a similar result in Golubtsova v. Budaev, 418 So. 3d 329 (Fla. 3d DCA 2025). In a dispute between former spouses involving rental property purchased during the marriage, the former wife pleaded claims, including equitable lien and constructive trust, against the former husband, and filed a notice of lis p…

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