Divorce Proceedings

Question 1

Subject-Matter Jx in Divorce Proceedings

Answer 1

Established if one spouse is domiciled in the state when the action is filed.

Question 2

Personal Jx in Divorce Proceedings

Answer 2

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

Question 3

What are fault-based grounds for divorce proceedings?

Answer 3

• Desertion
• Adultery
• Impotence
• Cruelty
• Felony conviction (more than one year of incarceration)
• Intoxication or excessive use of addictive drugs

Question 4

What does a No-Fault Divorce require?

Answer 4

Requires proof that:
+ Marriage is irretrievably broken (or irreconcilable differences between spouses) and there is no reasonable prospect of reconciliation,
AND
+ Parties have been separated for a definitive period of time.