Jurisdiction Flashcards
Jurisdiction for a divorce
courts give full faith and credit to divorce decrees of the courts of a sister state if the sister state had proper jurisdiction and the decree is valid in the sister state
satisfied is one of the spouse is domiciled in the state granting divorce
rebuttable presumption that the state granting the diovrce is the bona fide domicile of the plaintiff
Divisible divorce
ex parte divorce generally can serve to grant only the divorce
Effects of ex parte divorce
no effect on disputes over marital property, UNLESS the property is located in the rendering state
Jurisdiction for separate of property
court must have personal jursidiction of both the parties
Uniform Child Custody Jurisdcition and Enforcement Act
state may exercise juridiction if it is the:
(1) home state of the child at the time of the proceedings began, OR
(2) within six months of the proceedings and a parent still resides in the jurisdiction
Childs home state
child lived with a parent OR a person acting as a parent for at least six consecutive months before commencement of the proceedings
Parental Kidnapping Prevention Act
requires states to enforce a custody order of another state, but ONLY if the state entering the custody decree had home state jurisdiction
(1) home state of child at the time proceedings began, or
(2) within six months of the proceedings and a parent still resides in the jurisdiction
Custody Award Factors
Best interest of the child- always
(1) wishes of the parents;
(2) wishes of the child;
(3) interrelationship of the child with his parents, siblings, and others;
(4) the child’s adjustment to home, school, and community;
(5) the mental and physical health of all individuals involved
Preference of a child
preference of a young child is often given little weight (under 8), the preference of a child over 12 is usually given great weight.
