Jurisdiction & Recognition of Decrees

Question 1

Ex Parte Divorce

Answer 1

May be maintained without personal jurisdiction over the absentee spouse ONLY IF plaintiff-spouse is domiciliary of the rendering state.

Question 2

Jurisdiction over Economic or Child Custody/Support Issues

Answer 2

The court must have personal jurisdiction over the defendant-spouse.

Question 3

Divisible Divorce

Answer 3

One spouse can terminate the marriage (by ex parte divorce) in one proceeding, and reserve other issues for a later proceeding.

Question 4

Under the UCCJEA, a court may decide child custody ONLY if it has:

Answer 4

1. Home State Jurisdiction;
2. Significant Connection Jurisdiction;
3. More Appropriate Forum Jurisdiction;
4. Emergency Jurisdiction; OR
5. No Other State Jurisdiction

Question 5

Home State Jurisdiction

Answer 5

A child’s home state OR where the child lived with a parent for 6+ months immediately before the action was filed, the child is absent from the state, AND parent or acting parent is still PRESENT in the state.

Question 6

Significant Connection Jurisdiction

Answer 6

There is NO home state, the child AND at least one parent have a significant connection to the state, AND substantial evidence in the state exists.

Question 7

More Appropriate Forum Jurisdiction

Answer 7

All other courts decline to exercise jurisdiction because this particular court is a more appropriate forum.

Question 8

Emergency Jurisdiction

Answer 8

Child is physically present in the state AND child is abandoned or it’s an emergency to protect the child.

Question 9

No Other State Jurisdiction

Answer 9

When no other state has jurisdiction

Question 10

How does jurisdiction under the UCCJEA compare to the PKPA?

Answer 10

The PKPA applies jurisdiction rules generally the same as the UCCJEA.

Question 11

What are jurisdictional requirements for Adoption Matters?

Answer 11

Same as the UCCJEA in most states.