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LADYLAWYER
LADYLAWYER, Lawyer
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I am an Australian citizen and was married to an American We

Resolved Question:

I am an Australian citizen and was married to an American
We jointly own 4 properties in Florida - all vacant land
I divorced my USA husband in Australia over a year ago - he is permanently residing in USA
I would like to wind up all marital assets which is primarily the land but he refuses to do so.
Under Australian law all assets should to wound up after 1 year -

How can I go about getting these sold as my estranged husband has told me they do not have to settled after a year of divorce

As you can see i need some guided advice as I would like complete closure of this marriage.

M Turner
Submitted: 5 years ago.
Category: Legal
Expert:  LADYLAWYER replied 5 years ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

Did your husband have an opportunity to contest the divorce in AU or were you just granted a divorce by default (without him participating)?

LADYLAWYER :

Marriage and divorce generally are considered matters reserved to the states rather than to the federal government. See, Sosna v. Iowa, 419 U.S. 393, 404 (1975) and Armstrong v. Armstrong, 508 F. 2d 348 (1st Cir. 1974 ). There is no actual treaty in force between the United States and any country on enforcement of judgments, including recognition of foreign divorces. A divorce decree issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895), provided both parties to the divorce received adequate notice, i.e., service of process and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce.

LADYLAWYER :

FL will recognize your AU judgment based on comity. If your ex will not go ahead and settle the properties, you are going to have to hire an attorney in FL to get the AU divorce decree enforced here.

LADYLAWYER :

You would do best to hire an international attorney with family law experience or vice versa in the County where your ex resides. You can find one here: www.martindale.com.

LADYLAWYER :

Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.








JACUSTOMER-0qjbiaih- :

The Divorce is final - I served him papers whilst he was in Oz - He has copies of Divorce papers so there is no problem there

JACUSTOMER-0qjbiaih- :

He refuses to sell properties as it is a bind to me - even though I know they are not worth much in Cape Coral - the scenario gets thicker - as the monies my ex and I bought the properties from was borrowed from my parents in Oz.

JACUSTOMER-0qjbiaih- :

He is only paying interest back and refuses to pay principal - of course my parents want closure from him as well and just want all properties sold to "get him off our back"

JACUSTOMER-0qjbiaih- :

This is a real sticky mess - so we really do need a good lawyer - or good advice

JACUSTOMER-0qjbiaih- :

He works in Bahamas and commutes to Florida

JACUSTOMER-0qjbiaih- :

What is the the time limit to settle all marital assets in Florida - is it 12 months after a divorce ???

JACUSTOMER-0qjbiaih- :

this is the main question - so I can put pressure on him

JACUSTOMER-0qjbiaih- :

Marie

LADYLAWYER :

Hi Marie. There is no "time limit" to settle all marital assets here in FL after a divorce. That is why I was saying that you would have to have a FL court enforce the AU decree. No matter what your AU divorce decree says, you have to go through the courts here to even have a chance at getting anything enforced in the US.

LADYLAWYER :

And even still, the FL courts are going to look very hard at the AU divorce decree to see if they believe that everything is fair and proper for both parties. If you had gotten the divorce here in FL, the court could have put ANY time limit on settling all the assests, but otherwise, there is no set time limit here to get this done.

LADYLAWYER :

The FL courts can choose to enforce the year time limit that AU has set, or they can impose their own time limit. Either way, your ex is right at this point that there is nothing and no one to force him to do anything at this time.

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