Conflict of Laws Flashcards
Family Law
Where is a Marraige Valid?
A marriage is valid where it took place and is recognized in all other states.
EXCEPTION: If you get married in one state and that marriage breaks a rule in your home state, your home state can say the marriage doesn’t count if you move back there.
Family Law
Grounds for Divorce
Questions of law relating to the grounds for divorce are controlled by the law of the plaintiff’s domicile (where the person filing for divorce lives).
- Example: If someone files for divorce in Texas, the reasons they can legally get divorced are determined by Texas law.
Family Law
Divorce Decrees from Other States
Divorce decrees from other states are entitled to full faith and credit if:
- The original state had jurisdiction to issue the decree.
- The decree is valid in the original state.
Family Law
Bilateral Divorce
A bilateral divorce is valid if:
- The court has personal jurisdiction over both spouses.
- At least 1 spouse is domiciled in the state.
- The divorce judgment will be valid and entitled to full faith and credit.
Family Law
Ex Parte Divorce
- An ex parte divorce requires:
- Adherence to subject-matter jurisdiction rules.
- Personal jurisdiction over 1 spouse.
- Full faith and credit is NOT given to other marital agreements (e.g., property rights, alimony, child custody).
- The non-domiciled spouse may agree to such judgments.
Family Law
Child Custody under UCCJEA
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA):
- A court can make initial custody decisions if it is in the child’s home state.
- All other states must give full faith and credit to such decisions.
Family Law
Legitimacy
Legitimacy is governed by the law of the domicile of the parent whose relationship to the child is in question
Family Law
Adoption
the forum court applies its own state law
