family law judgments

Question 1

what are the 3 different family law judgments

Answer 1

1) divorce decrees (termination of marital status)
2) ancillary matters involving property
3) child custody awards
- w/e JURISDICTION WAS PROPER for each

Question 2

what is the jurisdictional test for divorce

Answer 2

at least 1 spouse is DOMICILED in the rendering state

Question 3

what is the jurisdictional test for matters involving property

Answer 3

determine if PERSONAL JURISDICTION was proper

- jurisdiction is proper if there was PJ over the spouse whose property rights are at issue

Question 4

what is the jurisdictional test for child custody

Answer 4

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

Question 5

what is a divorce called where only 1 spouse is present before court

Answer 5

ex parte divorce

Question 6

does the court need PJ over an absent spouse to render a divorce

Answer 6

NO, provided the spouse seeking the divorce is domicile of the forum state

Question 7

in ex parte divorces, does the divorcing spouse need to provide NOTICE to the other spouse

Answer 7

yes

Question 8

what needs to be applied for matters involving property for divorce judgments

Answer 8

jurisdiction is proper IF there was PERSONAL JURISDICTION over the spouse whose property rights were at issue

Question 9

what is the test for child custody jurisdiction

Answer 9

if SMJ was proper

- child’s HOME STATE: where the child lived for the last 6 months

Question 10

what is the key statute for spousal and child support

Answer 10

UIFSA (uniform interstate family support act)

Question 11

does the court need PJ over the other spouse to render a valid child custody decree

Answer 11

NO. just need child’s home state in the rendering state

Question 12

once the home state of child enters a custody order that issuing state continues what

Answer 12

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

Question 13

can any other state modify a custody decree besides the one that rendered it

Answer 13

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

Question 14

can any state enforce a child support order

Answer 14

yes

Question 15

what if there is no home state of child for custody case

Answer 15

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

Question 16

what is the “divisible divorce doctrine”

Answer 16

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

Question 17

what are the 2 part test for domicile requirement

Answer 17

1) PHYSICAL PRESENCE in place and
2) INTENT to be domiciled in that place
- intent to remain indefinitely

Question 18

what does intent refer to for domicile requirement

Answer 18

decision/ desire to remain in a state for the FORESEEABLE FUTURE (as opposed to a visit or a temporary stay)

Question 19

what is the physical presence requirement for domicile

Answer 19

can be a brief period of time as long as the intent is clearly manifested

Question 20

does a person always have one domicile

Answer 20

yes

Question 21

what if there are multiple residences for domicile

Answer 21

the PRIMARY one is their domicile

Question 22

does motive matter for domicile requirement of intent n

Answer 22

NO

Question 23

where are infants domiciled

Answer 23

infants will be assigned the domicile of their PARENTS

Question 24

where are incompetents domiciled

Answer 24

one is assigned the domicile of HIS PARENTS.

- if become incompetent AFTER having acquired a domicile of choice, he retains the domicile of choice

Question 25

what if an incompetent becomes incompetent AFTER having acquired a domicile of choice.

Answer 25

retains the domicile of choice