Courts and Binding Orders

Question 1

Which court may dissolve a marriage?

Answer 1

A court does not need jurisdiction over both spouses to terminate am marriage. If the plaintiff is domiciled in the forum state or if the state has an equivalent long term connection between at least one of the parties to the marriage, then court has jurisdiction to dissolve.

Question 2

Which court may issue a property division order?

Answer 2

Unless the court has jurisdiction over the defendant spouse, it may not issue a binding property division or support order.

Question 3

What governs child support?

Answer 3

The Uniform Interstate Family Support Act (UIFSA)

Question 4

What state has jurisdiction over a child support order?

Answer 4

The state that originally issued a child support order has continuing exclusive jurisdiction to modify that order if the state remains the residence of the obligee, child or obligor and at least one of the parties does not consent to the jurisdiction of another forum.

Question 5

What is the home state test?

Answer 5

A court has exclusive jurisdiction to modify a custody decree when the state where the child has live with a parent is their home state for at least 6 consecutive months.

Question 6

What is the significant connections test?

Answer 6

If a child has no home state, a state may exercise jurisdiction based on (1) significant connections with the child and at least one parent, and (2) the existence of substantial evidence relating to child custody in the forum jurisdiction.

Question 7

What is emergency or default jurisdiction?

Answer 7

If no other state has or exercises jurisdiction.