Miller v. Miller

Citations

• 33 Fla. 453

Syllabus

<p>ALIMONY WITHOUT DIVORCE—JURISDICTION—RESIDENCE OF PARTIES.</p> <p>1. Where alimony is sought, without divorce, solely under the provisions of Section 1485 R. S., upon the ground of the existence in favor of the wife of some one or more of the legal causes for divorce, then the applicant must allege and prove that she has legally been a bona ficle resident and citizen of this State for two years continuously next prior to the filing of her application. The prerequisite two years’ residence here is jurisdictional, and no “cause for divorce,” such as our courts could recognize, can properly be said to exist in this State in favor of any applicant until she has bona fide resided here the requisite period of two years.</p> <p>2. Where the application for alimony without seeking divorce is predicated, under the provisions of Section 1486 R. S., upon the .ability of the husband to maintain the wife and Ms failure so to do, then it is not necessary for the wife to allege or prove 'that shelias resided here for two years; but in such case, in so far as the question of the jurisdiction of the court to entertain the cause is concerned, it is only necessary for her to show that either she or her husband has, in a proper and legitimate manner, become, at the time of the application, a boua fide resident and citizen .of this State. It is immaterial in the latter «cases how long such residence and citizenship. shall have continued here prior to the application. But it is not -within the spirit or intent of either of these provisions of the statute to-confer upon our courts the power to interfere in any respect with the marital status of citizens of other states who-may be here only on a temporary visit, either to pass upon such status or to enforce any of the rights and duties that depend thereon.</p> <p>3. Where an issue is raised by the pleadings, in a proceeding for alimony without divorce, as to the jurisdiction of the court, on the ground that neither the applicant wife no