https://doi.org/10.21697/zp.2020.20.4.12
It is self-evident that globalization and migration have created significant obstacles to legal practice. Even more questions arise when the conflict between the legal systems of the different countries involved concerns the European Continental and common law systems. In view of the growing need to elucidate foreign legal provisions, this article relates only to a selection of problems concerning the Florida divorce law, which could have a practical meaning for parties domiciled in Poland involved in such proceedings. The aspects of Florida law discussed are constructive service, default (viz. the consequences of a party’s non-attendance), and the opportunity for a party to vacate the judgment. Much of this article is descriptive, but it also takes a dogmatic legal approach with a teleological analysis of legal sources as its research method, presenting potentially important aspects of how the law is applied. Undoubtedly, in a procedure for the recognition of a judgment handed down by a foreign court, Polish courts should seriously consider the differences between Polish and Florida law. Furthermore, given the ongoing discussion on choice of a model of divorce policy – a choice between the conservative and liberal view – it would be worthwhile to consider Florida, which has one of the most liberal no-fault divorce laws in the USA, though of course the American brand of highly pragmatic law must always be compared with the particular country’s policy, and either with its efforts to bring the number of divorces down to a minimum, or alternatively with the fact that it does not pursue such a policy at all.
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