Divorce Proceedings

Question 1

SMJ for divorce

Answer 1

Established over the marital status by virtue of domicile of one of the parties within the state at the time of filing the action, whether or not the parties lived there as a couple

Question 2

PJ for divorce

Answer 2

Must have personal jurisdiction over the defendant to enter or enforce any decrees in personam (e.g., order imposing support obligations)

Question 3

Fault based grounds for divorce

Answer 3

o Desertion
o Adultery
o Impotence
o Cruelty
o Imprisonment
o Habitual Intoxication
o Drug Addiction

Question 4

No-fault divorce

Answer 4

Requires proof that:

● Marriage is irretrievably broken (irreconcilable differences between spouses) and there is no reasonable prospect of reconciliation, and
● Parties have been separated for a definitive period of time