Family Law Flashcards
Divisible Divorce Doctrine
a court may have sufficient jurisdiction to grant a divorce but lack such jurisdiction in other divorce related matters such as property division.
Divorce Jurisdiction
If a court has PJ over one spouse then,
If a court has PJ over one spouse, then can grant a divorce.
Child Custody Modification PJ
Governed by UIFSA. Can be established by personal service in state, consent, past resident w/ child, sex in state
Child Support PJ Modification
Another state can not modify a child support order if the original state still has jurisdiction, unless the parties no longer reside in the state or the parties consent.
Child Custody PJ
UCCJEA to prevent jurisdictional disputes in child custody matters. A court has SJ if it is the child’s home state or was the child’s home state in the last 6 months. if that test doesnt work than significant connection.
Child support PJ
A court has PJ under the UIFSA, can be established by service, past residency, personal service in state, consent, past resident w/ child, sex in state
When a marriage license not be issued
- a party is already married
- parties are two closely related
- marriage is a sham
- parties are incapable of understanding the acts
when can a marriage be annuled
- prior existing marriage
- incest
- mental incapacity
- age
- lack of intent
3 valid ways to end a marriage
- death
- divorce
- anulment