Divorce Flashcards
When does a state have jurisdiction over a divorce?
To establish jurisdiction over a divorce action, one of the parties must be a bona fide resident (domiciled in) of the jurisdiction where the action is brought. States may set a minimum durational residency requirement before the action can be filed. The plaintiff’s residence alone may be the basis for a state’s granting a divorce, regardless of whether there is personal jurisdiction over the defendant.
Is both spouses’ consent required for a divorce to be granted? (No-fault divorce)
Most states offer no-fault divorces that provide for the dissolution of a marriage, without regard to marital fault. No-fault divorces may be granted upon a showing that the marriage is irretrievably broken and that the parties have been living separate and apart for a specified period of time. The fact that one spouse thinks the marriage should be saved and does not agree that it has broken down is generally insufficient to prevent a divorce if the other spouse believes the marriage cannot be saved and is not interested in continuing the marriage.
