Jurisdiction - Divorce or Dissolution Flashcards
What is required to establish jurisdiction for divorce cases?
Residency: Plaintiff’s or defendants;
Domicile is required to establish personal jurisdiction.
What is the majority and minority viewpoints for domicile for jurisdiction of divorce cases?
Majority - Modicum of attachment to the state; avoid meddling when another state has an interest; Minimize collateral attacks; Avoid becoming a divorce mill.
Minority - Denial of divorce to newcomers penalizes interstate travel; right to marry is basic and does not want to apply unnecessary limits; stops newcomers from pursuing a new life if they do not grant jurisdiction.
Shaffer v. Heitner - Was the presence of defendant’s property enough to give personal jurisdiction?
No. Property, without more contacts, was insufficient to confer jurisdiction to enter judgement against the defendant.
What is the “domestic relations exception”?
The whole subject of the domestic relationship of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States.
How to determine the proper venue for a divorce action?
Where the party or parties reside;
Last marital domicile;
County where defendant now resides;
If defendant is out of state or whereabouts are unknown, then where the plaintiff resides..
Requirements for valid service of process?
Statute specific - Must fulfill statutory requirements;
Must fulfill due process;
Reasonably calculated to give due process notice.
What is a migratory divorce?
A ex-spouse goes to another state that has loose divorce laws, such as nevada, then gets divorced from their current spouse. This is known as a “quickie divorce.”
Williams case - Does the Full Faith and Credit Clause apply to divorce decrees?
Yes. Full Faith and Credit must be given to divorce decrees given in another state. However, if that other state had no reasonable domicile to have jurisdiction over the divorce, then no credit or faith must be given.
Will Foreign Migratory divorces be given Full Faith and Credit?
What is required for a foreign migratory divorce to be valid?
No. States have the discretion to decide whether the divorce will be recognized. Validity depends on: 1) Jurisdiction; 2) Public policy; 3) Estoppel.
Johnson v. Muelberger
Can a third party challenge a divorce decrees validity?
No. Third Parties cannot attack the validity of a divorce decree.
What is the Divisible Divorce Doctrine?
Ex-Parte termination of marital status does not result in resolution of the financial matters related to the marriage.
Basically, simply because a state is able to successful divorce a couple, without personal jurisdiction, they cannot divide property.
What is required for a court to have personal jurisdiction over a divorce?
1) Defendant must have certain “minimum contacts” with the state such that maintenance of the suit does not offend traditional notions of fair play and substantial justice;
2) Reasonable and Fair to conduct defense in that state;
3) Purposeful availment to the state;
4) Caused effects in the state by acts done elsewhere.
What is required for a court to exercise long arm jurisdiction?
If specific actions are taken by one party in the state, then that state will have long arm jurisdiction over the other party. Although, the state must have specific statute authorizing jurisdiction over that person.
Can the Courts restrict access to divorce courts those who cannot pay the fees?
No.
What is the basic outline for handling jurisdictional issues?
1) Does the court have subject matter jurisdiction (sufficient for ex-parte divorce);
2) Does the Court have personal jurisdiction over both parties?
(a) Minimum contacts;
(b) Reasonable and fair to conduct defense in the state;
(c) Purposeful availment;
(d) Caused effects in the state by acts done elsewhere.
3) If the court does not have person jurisdiction, then they cannot handle the financial or custody aspects of the divorce, but they can order the divorce.
4) If the court has personal jurisdiction, then they can handle the enter divorce.
