Divorce

Question 1

What are the jurisdictional requirements in divorce proceedings and any related decrees.

Answer 1

SMJ and PJ

SMJ- Established over the marriage if one of the parties is domiciled in the state at the time of filing the action.

PJ- Must have PJ over the defendant to enter or enforce any decrees

**PJ over the defendant is NOT required for a court to enter a divorce decree.

Question 2

Fault based Grounds

Answer 2

Desertion
Adultery
Impotence
Cruelty
Imprisonment
Habitual Intoxication
Drug Addiction

Question 3

No fault divorce requirements

Answer 3

(1) The marriage is irretrievably broken (irreconcilable differences between spouses) and there is no reasonable prospect of reconciliation, AND

(2) the Parties have been separated for a definitive period of time