Divorce

Question 1

Divorce

Answer 1

legal dissolution of a valid marriage
- non-retroactive legal effects
- econ and non-econ
- parties can remarry

Question 2

econ

Answer 2

property division, alimony, child support

Question 3

non-econ

Answer 3

child custody and visitation

Question 4

jurisdiction determination (contested)

Answer 4

• subject matter jurs.
• plaintiff’s domicile (typically)
• adequate notice needed
• divisible divorce doctrine (multiple courts may have jurs. over divorce)
• ex parte divorce (jurs to terminate a marrige v. jurs over divorce incidents

Question 5

minimum contacts required:

Answer 5

• d consents to juris
• d waives pj
• long arm statute
• d is personally served when physically in state

Question 6

collateral attack (out of state challenge)

Answer 6

challenges the validity of a previous court judgment in a new case, rather than through a direct appeal; not permitted where d appeared and participaed in proceedings

Question 7

Pretrial issues

Answer 7

temporary orders and ADR

Question 8

Temporary Orders

Answer 8

• child support
• spousal support
• child custody
• restraining orders (may have eventual effect on custody proceeding)

Question 9

ADR

Answer 9

alternative dispute resolutions
- private negotation between attorneys or parties
- mediation
- arbitration
- seperate agreements, post nuptial agreements, reconciliation agreements

Question 10

mediation

Answer 10

where a neutral third party (mediator) helps people in conflict resolve their issues to reach a mutual agreement;

binding upon court approval

Question 11

arbitration

Answer 11

private dispute resolution process where a neutral third party (arbitrator) makes a binding decision to resolve a dispute between parties

binding, no court approval needed

Question 12

seperation agreements

Answer 12

generally enforcable as contract, parties cannot claim it procured as fraud

seperation agreement on property is res judicata as a result of its incorporation in a final divorce decree

r.j.: principle that prevents parties from relitigating

Question 13

revocation

Answer 13

could be reversed by simply paperwork requirement

Question 14

post-nuptial agreement

Answer 14

valid if they meet procedural due process requirements, and if supported by adequate consideration
- marriage itself is sufficient consideration; mutual promises are sufficient consideration to support contracts
- must specify what act or forebearance required to undertake as consideration