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Divorce In North Palm Beach, Florida
In a divorce action, in determining venue, the trial court is to look to the single county where the intact marriage was last evidenced by a continuing union of partners who intended to stay and to remain married indefinitely if not permanently. In McGee v. McGee the Florida Court of Appeal recently stated: “Venue transfer orders are reviewed for an abuse of discretion. Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So. 2d627 (Fla. lst DCA 1999). We begin by noting that venue is proper where the defendant is domiciled, where the cause of action accrued, or where the property in litigation is located. § 47.011, Fla. Stat. (2013). “In a dissolution of marriage action, the trial court is to look to the single county where ‘the intact marriage was last evidenced by a continuing union of partners who intended to remain and to remain married, indefinitely if not permanently.’ ” Crawford v. Crawford, 415 So. 2d 870,870 (Fla. 1st DCA 1982) (citing Carroll v. Carroll, 341 So. 2d 771,722 (Fla. 1977)). But a court may transfer any civil action “to any other court of record in which it might have been brought” for the convenience of the parties or witnesses or the interest of justice. § 47.122, Fla. Stat. (emphasis added). See also § 61.13(2)(d), Fla. Stat. (providing that in modification proceedings “[t]he court may change the venue in accordance with s. 47.122.”)…
First, nothing in the order on appeal states that the order was granted based on either of the reasons permitted in the transfer statute…Second, and more importantly, is the fact that the transfer statute- despite providing reasons a case may be transferred-expressly limits the ability of a court to transfer a case to “any other court of record in which [the proceeding] might have been brought.”§ 47.122, Fla. Stat.
To speak with a divorce attorney in North Palm Beach, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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