Wite an IRAC essay

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Serapurggr07435

Business Finance

Description

Tom wants to divorce Liz, his wife of six years but Liz wants to stay married. The couple lives in Florida and they have two daughters, ages 5 and 3. While on a business trip to Las Vegas, Tom hops over to Reno and obtains a quick divorce without difficulty, pursuant to Nevada law. He returns home and hands the divorce decree to Liz.

Liz comes to you for advice about what she should, or can, do.

Please read:

Popper v. Popper
, 595 So. 2d 100 (Fla. 5th DCA 1992); and



Lopes v. Lopes, 852 So. 2d 402 (Fla. 5th DCA 2003).



Based upon the holdings in these two cases, will Florida recognize Tom’s divorce as valid.


Please write an IRAC-style essay to answer this question. However, you need not find or use any case law other than those cases provided to you above.

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Explanation & Answer

Issue: Whether a divorce from obtained out-of-state ex party, with no residency or due process requirements satisfied, is valid under Florida law? Rule of LawUnder Florida law, an ex parte divorce obtained in a foreign jurisdiction by one of two Florida residents is invalid. Lopes v. Lopes, 852 So.2d 402 (Fla. 5th DCA 2003) (citing: Kittel v. Kittel, 194 So.2d 640 (Fla. 3d DCA 1967)). However, a marriage in another state is entitled to full faith and credit if the marriage is valid in the other state, unless there is good cause to deny full faith and credit. In deciding whether to recognize or enforce a divorce in another state, trial courts in Florida look to whether the divorce...


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