ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Family Law Blogs -> Florida Divorce - Child Custody - Domestic Abuse Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Family Law

: Florida Divorce - Child Custody - Domestic Abuse Law

In Colonial Days, Divorce Took an Act of Congress ? And More

By Janet Langjahr

ADVERTISEMENTS

Wife leaves her husband in Georgia.

Wife moves in with her Boyfriend. Twelve years later, Wife and her Boyfriend move to Florida.

Wife, wanting an official divorce from her husband, applies to the legislature to grant her one. The Florida legislature grants Wife a divorce.

Wife then marries her Boyfriend. Years later, Boyfriend dies.

Boyfriend’s will leaves Wife an inheritance … an unsatisfactory inheritance.

Wife elects to reject her inheritance under Boyfriend’s will and to instead take a statutory inheritance, called dower: one-third of Husband’s lands and one-half of his property. Electing dower is irreversible and gives up any claim under a will.

Boyfriend’s Executor rejects Wife’s dower election, on the ground that Wife and Boyfriend were never legally married.

The dispute escalates to the Florida Supreme Court. Which agrees with Executor that Wife and Boyfriend were never legally married. Wife’s divorce from her first husband violates due process because he had no notice or opportunity to appear to assert his interests.

And because Wife’s first marriage was not legally terminated, Boyfriend’s and Wife’s marriage was never valid. Therefore, Wife has no legal right to dower.

Ironically, if Wife had not elected dower, she would have been entitled to keep her inheritance under Boyfriend’s will.

Although dower is no longer around, it has been succeeded by a similar legal mechanism for rejecting an unsatisfactory inheritance under a will and instead electing to take a larger statutory share.

Read more in this Tampa Tribune article: Divorce court files hold intriguing stories.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on December 07, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0038 secs (from cache 11/02/26 17:22:08)