4. Proceedings to End the Marital Relationship Flashcards
Where are Divorce Cases brought that have Subject Matter Jurisdiction?
State court, unless a fundamental right is infringed, then federal court may be used.
How is In Rem Jurisdiction established in a divorce case?
If one party is domiciled in the state when the action is filed.
Is the domicile of a married person presumed to be the same as that of the person’s spouse?
No.
What is the domicile of a minor child’s parents who are domiciled in the same county?
The domicile of that child is that of the parents.
What is the domicile of a minor child born out of wedlock?
The domicile of the child’s mother.
What is the domicile of a minor child whose parents are divorced, separated, or widowed?
The child’s domicile is that of the custodial parent.
What is the domicile of a minor child if one parent is not domiciled in the same county as the other parent?
The child’s domicile is that of the custodial parent.
What is the domicile of a minor child where the child’s parents have voluntarily relinquished custody?
The child’s domicile is that of the person having legal custody.
What is the domicile of a minor child that has no legal custodian?
The child’s domicile is that of the guardian if the guardian is domiciled in Georgia.
What is the domicile of a minor child that has no legal custodian nor guardian?
Determined as if the child were an adult.
Personal Jurisdiction;
What does personal jurisdiction focus on in divorce cases?
Domicile.
Why is personal jurisdiction over the defendant necessary?
To enter orders imposing support obligations.
What is domicile based on?
Physical presence and intent to remain indefinitely.
What is the residency requirement to file a petition for divorce in Georgia?
6-month residency requirement that must be satisfied, by either the plaintiff or the defendant, in order to file a petition for divorce in a Georgia court.
What is the proper court to bring suit for divorce in Georgia?
Superior court.
What is the Georgia Long-Arm Statute for divorce cases?
Allows personal jurisdiction over nonresidents in cases involving alimony, child support, or property division.
When is a nonresident defendant subject to the Georgia Long-Arm Statute for divorce cases?
If they have a matrimonial domicile in Georgia or resided in Georgia before the action began.
Does the Georgia long-arm statute have a 6-month residency requirement for a plaintiff filing for divorce?
Yes.
When can the court exercise personal jurisdiction over a nonresident in support order proceedings?
- If personally served in Georgia,
- submits to the jurisdiction of Georgia by consent,
- resided with the child in Georgia; or
- resided in Georgia and provided prenatal support.
What is the proper venue for divorce cases?
County where the defendant resides, if a resident of Georgia.
What is the proper venue for divorce cases if the defendant is not a resident of Georgia?
In the county where the plaintiff resides.
When can a divorce case be tried in the county of residence of the plaintiff?
If the defendant moved from that county within six months of filing and it was the marital domicile at separation.
When can a nonresident file a petition for divorce?
In the respondent’s county if the respondent has been a resident for at least six months before the petition is filed.
What must an action for divorce be brought on?
A verified petition.
Are Default judgments in divorce actions favored in Georgia?
No. However, a default may be entered if the defendant fails to appear at a hearing after adequate notice.
Are Alternative Dispute Resolutions in divorce actions favorable in Georgia?
Yes.
Interim Rights During Pendency of Proceedings
Is Temporary Alimony allowed in Georgia?
Yes, determined according to needs.
Interim Rights During Pendcy of Proceedings;
Is Temporary Child Support and Custody allowed in Georgia?
Yes, can be awarded during proceedings.
Can a court issue restraining orders upon the filing of any domestic relations action?
Yes, to prevent taking the minor child outside jurisdiction.
What are the Grounds for Divorce in Georgia?
- Intermarriage within prohibited degrees
- Mental incapacity
- Impotency
- Force or fraud
- Pregnancy by another man
- Adultery
- Willful desertion
- Conviction for moral turpitude
- Habitual intoxication
- Cruel treatment
- Incurable mental illness
- Habitual drug addiction
- Irretrievably broken
Can there be several grounds for divorce?
Yes.
Is uncorroborated testimony sufficient to prove adultery?
No.
What does Georgia’s Wiretap statute prohibit?
Filming others in a private place without consent.
What are the four defenses in granting a divorce?
- Misconduct was colluded by both parties
- Complaining party consented to misconduct
- Both parties engaged in similar misconduct
- Voluntary condonation and subsequent cohabitation
