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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29291
Experience:  Attorney with experience in family law.
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I am respondent in a dissolution of marriage with kids case

Customer Question

I am respondent in a dissolution of marriage with kids case in florida. Because of courts actions i have been wronfully displaced from my home. i am now residing in michigan. Can i file removal of case to federal court to michigan under diversity and the
improper order on the marital home which is in dispute the amount exceeds $75,000
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Unfortunately, no, you're not able to do that, for three reasons.

  1. The federal courts do no have jurisdiction in family law matters, regardless of the amount of money at stake.
  2. When a case is removed from state court to federal court, it goes to the courthouse nearest where the case was originally filed. That means, even if the federal court could hear your divorce, it would have to be heard at the federal courthouse in Florida, not in Michigan.
  3. The court in Michigan has no jurisdiction over your spouse and therefore could not order him or her to do anything unless he or she consented to having the case heard in Michigan. If it were possible to get that agreement, you could instead just agree to dismiss the Florida case and file in Michigan - but there's a 180 day residency requirement, and it's not clear if you would meet that.

Based on what you're saying, the case would have to proceed in the state court in Florida.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

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