MONICA A. GONZALEZ HAMILTON, APPELLANT,
v.
CLAUDIO A. NATOLI MICHIELI, APPELLEE
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A Florida appellate court reversed a trial court's dismissal of a divorce action based on lack of subject matter jurisdiction. The trial court erred in dismissing the case because one spouse had met the statutory residency requirement of six months in Florida at the time the petition was filed, and subsequent visa expiration issues do not divest the court of jurisdiction.
The trial court has subject matter jurisdiction over a dissolution proceeding under Florida Statute § 61.021 so long as one party resides in Florida for at least six months immediately preceding the filing of the petition. Subsequent changes in residency or immigration status are irrelevant to the court's subject matter jurisdiction.
[1] A nonimmigrant alien's status does not, as a matter of law, preclude them from establishing residency in Florida for the purpose of filing a dissolution of marriage actio…
[2] Residency for the purpose of dissolution of marriage requires actual presence in the state coupled with an intention to make that state one's residence.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Establishes the controlling legal standard for subject matter jurisdiction in divorce cases under Florida law.
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Join FLexlaw to unlock all legal intelligenceMichieli filed a sworn petition for dissolution of marriage against his wife, Hamilton, alleging he had been a Florida resident for at least six conse…
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PER CURIAM.
We have for review an order granting Appellee Claudio Adrian Natoli Michieli’s motion to dismiss the dissolution of marriage action filed by him against his wife, Monica Gonzalez Hamilton, for lack of subject matter jurisdiction. Concluding that the trial court has subject matter jurisdiction over the parties, we reverse.
Michieli instituted this action by filing a sworn petition for dissolution of marriage. In the petition, he alleged under oath that he had been a resident of Florida for at least six consecutive months immediately prior to the filing. Hamilton filed an answer admitting jurisdiction as well as a counter-petition. Thereafter, Michieli sought to dismiss the action, alleging that “[njeither party may legally remain in the United States” and that he was present in the United States under a “visa [that] is due to expire soon and cannot be renewed.” On that basis, the trial court granted husband’s motion. In this decision, the trial court erred.
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.
Section 61.021 of the Florida Statutes requires “one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” § 61.021, Fla. Stat. (2005).
Case law throughout our state has interpreted this statute to require examination of residency at the time of the filing of the petition. E.g., Sragowicz v. Sragowicz, 591 So. 2d 1084 (Fla. 3d DCA 1991)(affirming dismissal where wife failed to proffer any evidence that she intended to remain in Florida during the six months prior to the petition); Rowland v. Rowland, 868 So. 2d 608, 610 (Fla. 2d DCA 2004)(affirming the denial of a motion to dismiss where evidence existed during the preceding six months of both the establishment of one party’s actual permanent residence within Florida along with a concomitant intent); Jenkins v. Jenkins, 556 So. 2d 441, 442 (Fla. 4th DCA 1990)(accord).
As a natural corollary, subsequent changes in residency are irrelevant to the trial court’s examination of subject-matter jurisdiction. We therefore reverse and remand for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Liudmila Golubtsova v. Budaev, 418 So. 3d 329 (Fla. 3d DCA 2026)…th 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…
Authorities Cited
- Carter Todd Peyton Jenkins v. Jenkins, 556 So. 2d 441 (Fla. 4th DCA 1990)
- Rowland v. Debrah Rae Rowland, 868 So. 2d 608 (Fla. 2d DCA 2004)
- Layne H. Sragowicz v. Moises Sragowicz, 591 So. 2d 1084 (Fla. 3d DCA 1991)