How to Domesticate a Divorce in Florida

By Art Smithers

Once you have obtained a final judgment of divorce, you may decide to move to another state. Enforcing a final judgment is difficult enough when you are living in the state where it was issued; the difficulties attendant with enforcement are significantly greater once you move to another jurisdiction. Fortunately, most states, including Florida, allow you to use local courts to enforce a decree from another state. The process is known as domesticating your judgment and requires you to follow a few basic steps.

Step 1

Contact the clerk of court in the county and state where the judgment was rendered and obtain a certified copy. Most clerks require a written request with payment of necessary fees, which are likely to vary from state to state. Upon receipt of your judgment, examine it to ensure it bears the clerk's certification that it is a true and accurate copy of the original.

Step 2

Prepare an affidavit containing the name, mailing address and Social Security number of both parties. If you do not have this information, you may say so in the affidavit. Take your affidavit to a notary public and have it executed. Do not sign the affidavit until you are before the notary.

Divorce is never easy, but we can help. Learn More

Step 3

File your final judgment and affidavit with the clerk of court in the family law division of your local county courthouse. The clerk will record your judgment and affidavit, and send notice of your filing to the opposing party.

Step 4

Pay the filing fee. Contact the clerk in advance to determine the amount of the fee as well as what forms of payment the clerk will accept. At the time of publication, Sarasota County charges approximately $400 to domesticate a foreign divorce judgment, but the filing fees vary from county to county. All clerks of court accept cash or checks, but many refuse to accept credit or debit card payments.

Step 5

Wait 30 days. Domestication is complete once a 30-day waiting period passes.

Divorce is never easy, but we can help. Learn More
How to Obtain a Divorce Decree From California


Related articles

Is a Divorce Decree a Court Order?

After receiving your divorce decree from the court, you may wonder if you have to comply with all the terms and conditions of the decree. A divorce decree is signed by a judge and is, therefore, an official court order. While all orders are signed by a judge, not all orders may be referred to as decrees.

How Easy Is It for a Mortgage Lender to Get a Deficiency Judgment in Maryland?

Foreclosure may not end a homeowner's financial troubles. The mortgage lender still has the option of filing a claim for a deficiency judgment, which allows the collection of any loan balance remaining after the sale. In Maryland, as elsewhere, there are legal procedures a creditor must follow in order to pursue a deficiency judgment, as well as deadlines on when he may file the claim.

Order of Default for a Divorce in Maryland

If you file a complaint for divorce, your spouse has the right to respond to the complaint. But what if he's missing or hiding from your divorce action? Depending on the circumstances, after a period between 30 and 90 days and a good-faith search for your spouse, you can ask the court for an Order of Default, which will move the divorce process forward without your spouse's input.

Get Divorced Online

Related articles

How to Change Your Name if a Marriage Certificate Does Not Have Your Married Name

Most people who change their name when they marry change their name on their marriage license, which makes the ...

How to Legally Change Your Name in Arizona?

In Arizona it is a fairly simple process to change your name. If you do not like the name you were born with, or you ...

How to File a Divorce Disclosure Statement

Before a divorce is finalized, most states require the parties to file a disclosure statement, which sets out their ...

Can a Divorce Decree Be Used in Lieu of a Quit Claim in Ohio?

When a judge issues a divorce decree, he usually specifies how personal property and real estate should be divided ...

Browse by category
Ready to Begin? GET STARTED