family law judgments Flashcards
what are the 3 different family law judgments
1) divorce decrees (termination of marital status)
2) ancillary matters involving property
3) child custody awards
- w/e JURISDICTION WAS PROPER for each
what is the jurisdictional test for divorce
at least 1 spouse is DOMICILED in the rendering state
what is the jurisdictional test for matters involving property
determine if PERSONAL JURISDICTION was proper
- jurisdiction is proper if there was PJ over the spouse whose property rights are at issue
what is the jurisdictional test for child custody
determine if SUBJECT MATTER was proper
- jurisdiction is proper if the rendering court is that of the child’s HOME STATE.
- child’s home state= state where child has lived for LAST 6 MONTHS
what is a divorce called where only 1 spouse is present before court
ex parte divorce
does the court need PJ over an absent spouse to render a divorce
NO, provided the spouse seeking the divorce is domicile of the forum state
in ex parte divorces, does the divorcing spouse need to provide NOTICE to the other spouse
yes
what needs to be applied for matters involving property for divorce judgments
jurisdiction is proper IF there was PERSONAL JURISDICTION over the spouse whose property rights were at issue
what is the test for child custody jurisdiction
if SMJ was proper
- child’s HOME STATE: where the child lived for the last 6 months
what is the key statute for spousal and child support
UIFSA (uniform interstate family support act)
does the court need PJ over the other spouse to render a valid child custody decree
NO. just need child’s home state in the rendering state
once the home state of child enters a custody order that issuing state continues what
state retains CONTINUING EXCLUSIVE JURISDICTION.
- NO OTHER STATE CAN MODIFY THAT ORDER as long as one of the parents continue to live in the issuing state
can any other state modify a custody decree besides the one that rendered it
NO. state retains continuing exclusive jurisdiction
- no other state can modify that order as long as one of the parents continue to live in the issuing state
can any state enforce a child support order
yes
what if there is no home state of child for custody case
any state can take over if
1) SIGNIFICANT CONNECTION AND
2) SUBSTANTIAL EVIDENCE
- any state that has those two can issue it, first state to do so controls
what is the “divisible divorce doctrine”
if the divorce decree jurisdictional requirement is satisfied and the ancillary award jurisdictional requirements are not, the law regards the judgment as SEVER ABLE
ie: the divorce is valid but the other parts of the decree are not
what are the 2 part test for domicile requirement
1) PHYSICAL PRESENCE in place and
2) INTENT to be domiciled in that place
- intent to remain indefinitely
what does intent refer to for domicile requirement
decision/ desire to remain in a state for the FORESEEABLE FUTURE (as opposed to a visit or a temporary stay)
what is the physical presence requirement for domicile
can be a brief period of time as long as the intent is clearly manifested
does a person always have one domicile
yes
what if there are multiple residences for domicile
the PRIMARY one is their domicile
does motive matter for domicile requirement of intent n
NO
where are infants domiciled
infants will be assigned the domicile of their PARENTS
where are incompetents domiciled
one is assigned the domicile of HIS PARENTS.
- if become incompetent AFTER having acquired a domicile of choice, he retains the domicile of choice
what if an incompetent becomes incompetent AFTER having acquired a domicile of choice.
retains the domicile of choice
