Filing, Jurisdiction, and UCCJEA

Question 1

What must be included in the Petition for Dissolution of Marriage?

Answer 1

(1) existence of a valid marriage
(2) grounds for SMJ
(3) grounds for divorce
(4) request for parenting plan, equitable distribution, and child support
(5) if there’s a prenup, ask court to enforce it

Question 2

What does SMJ require for a divorce?

Answer 2

requires that at least one spouse be a resident of FL for at least 6 months prior to filing the petition

Question 3

When does FL need personal jurisdiction in a divorce petition?

Answer 3

(1) doesn’t need it over the non-filing spouse to grant the divorce or determine time-sharing.
(2) does need it over the non-filing spouse to make them pay spousal support, child support, or other issues regarding property

Question 4

If the non-filing spouse doesn’t reside in FL, how is personal jurisdiction established?

Answer 4

(1) parties maintained a matrimonial domicile in FL

(2) the other spouse resided in FL prior to the filing of the action

Question 5

What is the UCCJEA?

Answer 5

permits FL to adjudicate matters related to children (like a parenting plan) without having personal jurisdiction over the respondent spouse

Question 6

What are the four ways FL can establish jurisdiction over the child?

Answer 6

(1) is FL the home state? - has child lived in FL since birth or for at least 6 months
(2) If FL not home state, and no other state is the home state, then does FL have significant connections to the child
(3) if no state qualifies as a home state and FL lacks significant connections to the child, is FL nevertheless the most appropriate forum
(4) if no other state is the home state and no other state wants jurisdiction, then by default FL will have jurisdiction

Question 7

What are the two reasons FL can decline to exercise jurisdiction on the custody matter?

Answer 7

(1) FL is an inconvenient forum

(2) party engaged in unjustifiable conduct in order to secure jurisdiction in FL

Question 8

What is the full faith and credit for child support order act?

Answer 8

requires all states to give full faith and credit to child support orders issued by other states

Question 9

What is the Uniform Interstate Family Support Act?

Answer 9

allows for an order for child support to be obtained and enforced where a parent and child live even if the other parent doesn’t live there

Question 10

In the context of child support, what are FL’s grounds for long-arm jurisdiction?

Answer 10

(1) the non-resident parent was served in the state
(2) the non-resident parent consents
(3) the non-resident parent resided with the child in the state
(4) the non-resident parent provided child support for child while living in the state
(5) the non-resident parent’s actions causes the child to live in the state
(6) the non-resident parent had intercourse in the state and the child was conceived
(7) the non-resident parent asserted paternity in the state
(8) any other legal basis