I am an American citizen married in Australia to an Australian citizen. Now that I am back in Florida, can I file for divorce here, or do I have to go through the Australian courts?
To answer your question correctly, I would have to know where the marital assets are located if there are any children and where they are residing, how long you are living in the state of Florida, etc. Assuming that you have met the Florida state jurisdiction requirements, you should be able to file in Florida. If the marital assets are located in Australia, you will have to have the Florida decision recognized by the Australian courts to have them divide the marital assets accordingly. If the law of the division of marital assets in Australia is radically different from that in Florida, the likelihood of Australian courts enforcing such a Florida decision would be small.
Leonard M. Weiner, Esq./Divorce Solutions