Jurisdiction & Decrees

Question 1

JX Divorce/Support

Answer 1

State courts have SMJ over marital actions
(divorce, annulment, child custody and support, spousal support)

Question 2

Ex Parte Divorce

Answer 2

A divorce action where only one spouse is before the court may be maintained without PJ over absent spouse if Pl is domiciliary of rendering state.

Question 3

Full Faith and Credit

Answer 3

A divorce validly granted in another state is entitled to full faith and credit in other states.

Question 4

Domicile

Answer 4

Is determined by the person’s:
1) residence
2) subjective intent to make state permanent home

Question 5

PJ re Economic/Child Support

Answer 5

Action involving economic or child support issues, the court must have PJ over defendant-spouse for judgment to have full faith and credit.

Question 6

Divisible Divorce

Answer 6

Allows one party to terminate the marriage in one proceeding and reserve other issues for a later proceeding.

occurs when court has SMJ over marriage but not PJ over spouse for economic/child support

Question 7

JX Child Custody

Answer 7

A court must have jx under UCCJEA in order to modify a child custody order.

Question 8

UCCJEA Jx

Answer 8

Court has jx to decide custody only if:
1) home state jx
2) significant connection jx
3) more approrpiate forum jx
4) temporary emergency jx
5) no other state jx

Question 9

Parental Kidnapping Prevention Act

PKPA

Answer 9

The PKPA preempts any conflicting state laws. Child custody decrees are entitled to full faith and credit if court had jx.

Question 10

Wrongful Taking

Answer 10

Some courts held that if a parent wrongfully takes a child, they cannot unilaterally establish a new “home state” for jx purposes.