Q&A: divorce, residency, inconvenient forum?

Question by Peace P: divorce, residency, inconvenient forum? I'd like to file for divorce. I live in arizona, Want to file in Florida. I have circumstances that lead me to believe I may be able to file a motion for inconvenient forum and have it granted so that I may file in Florida without meeting the residency restrictions. I am not working with an attorney and have not been able to find this information myself. I have read the revised statutes for both states concerned. Therefore I do not need them copied and pasted. My questions are: If I live in AZ and would like to file for divorce in Fl, which state to I attempt to file the motion in? If I need to file the motion in Fl can I do that from a distance? Also how exactly do I request inconvenient forum, Is this something I can do myself? My whole intention is to avoid the move to Fl and to file the inconvenient forum and then divorce to have to turn around and move right back. I can only go once. Thanks if you can help. I am not trying to 'dodge the law', I am trying to do what I need for safety concerning my children and myself. In domestic violence issues it is not uncommon for a court to deny juristiction in the best intrests of a family so that another court system can claim juristiction. My questions had nothing to do with someones opinion as to what the law is. Everything I am trying to do is in reguards to the law. "You are falsely trying to calim a residence, lauch a law suit, and avoid the facts. No court in AZ or FL is going to entertain this as it is illegal and profoundly unethical and immoral." To this I have to say it is not iilegal. Here are the statutes proving otherwise: ARS 25-1037 (arizona). FRS 61-520 (florida) I am NOT trying to CLAIM residency. Yes, I will be living there but No, I will not yet meet the residency requirements. Which is why I would ask for the courts to grant me inconvenient forum after I file a motion for emergency juristiction. Why is it that you decided to try and answer this question? Did you really think you knew what you were talking about? Best answer:

Answer by Capt
While you may claim you are not trying to "dodge the law" your first question certainly implied that by my read. I have personally represented myself in a number of cases by boning up on the law AND KNOWING THE PROTOCOL of the court system. Any action must begin in the home state of residence. You seem to assume you can begin a divorce action, custody issue, and threat of domestic violence unilaterally by "moving" or jumping jurisdictions. THAT is not how the court system works. Your "seed idea" of "inconvenient forum" is something that will occur AFTER a filing for divorce BEGINS. You have to be physically in front of a judge, for a scheduled hearing on an action filed with the court clerk who begins the procedure for scheduling that aforementioned "hearing". In the case of a divorce that would require all parties to be notified of said hearing. In the case of custody matters all parties must be notified. I would advise you to seek professional help as you clearly don't understand how the legal system works. In the case of domestic violence even in Arizona there ought to be taxpayer funded and other resources to assist you. It is not simply enough to "know about the law" and something then magically happens. You have to know the protocol of the court as well. I think if you come to a forum like this to seek advice you should listen and post accordingly rather than rave at those who are giving you advice whether or not its what you want to hear or just plain fact. If you are unable or willing to present all the facts of a matter than don't admonish me for trying to help based on the limited information you offer. I still have no idea of the status of two key issues that bear heavily on the seed question you ask. Has he lost custody? Has he a restraining order? By DEFINITION the action starts in the court where the initial action is filed...that would be your home state. The court then makes a determination of "inconvenient forum" upon its own or by motion of the parent. TITLE XLIII DOMESTIC RELATIONS CHAPTER 458-A UNIFORM CHILD CUSTODY JURISDICTION ACT Section 458-A:7 458-A:7 Inconvenient Forum. – I. A court which has jurisdiction under this chapter to make an initial or modification decree may decline to exercise its jurisdiction any time before making a decree if it finds that it is an inconvenient forum to make a custody determination under the circumstances of the case and that a court of another state is a more appropriate forum. II. A finding of inconvenient forum may be made upon the court's own motion or upon motion of a party or a guardian ad litem or other representative of the child. III. In determining if it is an inconvenient forum, the court shall consider if it is in the interest of the child that another state assume jurisdiction. For this purpose it may take into account the following factors, among others, whether: (a) Another state is or recently was the child's home state; (b) Another state has a closer connection with the child and his family or with the child and one or more of the contestants; (c) Substantial evidence concerning the child's present or future care, protection, training, and personal relationships is more readily available in another state; (d) The parties have agreed on another forum which is no less appropriate; (e) The exercise of jurisdiction by a court of this state would contravene any of the purposes stated in RSA 458-A:1. IV. Before determining whether to decline or retain jurisdiction, the court may communicate with a court of another state and exchange information pertinent to the assumption of jurisdiction by either court with a view to assuring that jurisdiction will be exercised by the more appropriate court and that a forum will be available to the parties. V. If the court finds that it is an inconvenient forum and that a court of another state is a more appropriate forum, it may dismiss the proceedings or it may stay the proceedings upon condition that a custody proceeding be promptly commenced in another named state or upon any other conditions which may be just and proper, including the condition that a moving party stipulate his consent and submission to the jurisdiction of the other forum. VI. Where the court has jurisdiction of an action or proceeding brought to annul a marriage or to declare the nullity of a void marriage or for a separation or for a divorce, the court may decline to exercise jurisdiction of an application for a custody determination made therein while retaining jurisdiction of the matrimonial action. VII. If it appears to the court that it is clearly an inappropriate forum, it may require the party who commenced the proceedings to pay, in addition to the costs of the proceedings in this state, necessary travel and other expenses, including attorney's fees, incurred by other parties or their witnesses. Payment shall be made to the clerk of the court for remittance to the proper party. VIII. Upon dismissal or stay of proceedings under this section, the court shall inform the court found to be the more appropriate forum of such dismissal or stay, or, if the court which would have jurisdiction in the other state is not certainly known, shall transmit the information to the court administrator or other appropriate official for forwarding to the appropriate court. IX. Any communication received from another state to the effect that its courts have made a finding of inconvenient forum because a court of this state is the more appropriate forum shall be filed with the clerk of the appropriate court. Upon assuming jurisdiction the court of this state shall inform the original court of this fact. Source. 1979, 345:1, eff. Sept. 1, 1979. http://www.gencourt.state.nh.us/rsa/html/xliii/458-A/458-A-7.htm Bottom line: GET AN ATTORNEY and a little work on the "attitude" will benefit you socially. I am leaving what I said above alone. I have gone into your "question" history and now have a much better idea of what you are all about. I suspect you are under duress and truly DO need help. GET IT. You are most uninformed about the law and how the court works. Divorce is one issue Custody of the children is a second issue. Domestic violence is usually considered physical abuse NOT verbal abuse.

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