Jurisdiction Over the Particular Case: Matrimonial Jurisdiction Flashcards
What is the only court in NY with jurisdiction over matrimonial cases?
The NY S. Ct.
Is personal jurisdiction over both parties required for a NY court to hear a matrimonial case (affecting the status of the marriage)?
No - it can hear the case if it has in rem jurisdiction over the marriage.
How does the court have in rem jurisdiction over a marriage?
If the plaintiff is a NY domiciliary, no matter where D is domiciled, the court will have in rem jurisdiction over the marriage.
If the court has in rem jurisdiction but not personal jurisdiction over the spouse, where can P serve D?
Anywhere in the US.
In order to get monetary support, is in rem jurisdiction over the marriage sufficient?
No, the court must have personal jurisdiction over the defendant spouse if the case is about monetary support and not the status of the marriage.
What are the four categories for matrimonial long-arm jurisdiction?
- matrimonial domicile was NY prior to separation
- D abandoned P in NY
- D’s monetary obligation accrued under an agreement executed in NY
- D’s monetary obligation accrued under the laws of NY.
What is the only acceptable method to serve process on a spouse or ex regarding a matrimonial matter?
Personal Delivery is required and you must have judicial permission to use any other method.
If the parties do not meet the durational residency requirements in a divorce action what happens?
The case fails for failure to state a cause of action - and is dismissed on the merits.
To bring a divorce action, what is the durational residency requirement when: both parties are NY residents at the time the action is commenced and the grounds arose in NY?
No period of residency is required for a divorce action where both spouses reside in NY when the action is commenced and the grounds for divorce arose in NY.
When is 1 year residency required to bring a NY divorce action?
When either party has resided in NY for a continuous year before the action and the marriage is linked to NY by one of the following:
- marriage took place in NY
- NY was, at some point, the matrimonial domicile
- Grounds for divorce arose in NY
When is a 2 year residency required to bring a NY divorce action?
Either party has resided in NY for two continuous years before the action. This is required when the marriage has no connection to NY.
If plaintiff is seeking monetary obligations from a spouse or ex-spouse, must the durational residency requirements be met?
No - they’re only required to affect the marital status (declaration of nullity, divorce, annulment, separation) in NY.
