Marital Action Jurisdiction

Question 1

What court system has sole jurisdiction over marital actions?

Answer 1

Jurisdiction over marital actions is vested solely in the state court (Federal courts do not have subject matter jurisdiction over domestic relation matters).

Question 2

What state has jurisdiction over annulments?

Answer 2

Under the majority view, a state where either party is domiciled has jurisdiction to enter an annulment decree.

Question 3

What state has jurisdiction over an ex parte annyulment?

Answer 3

Ex parte annulments are allowed in the state where either party is domiciled.

Question 4

How does the full faith and credit law apply to divorce?

Answer 4

Under the Full Faith and Credit Clause, a divorce validly granted in one state is entitled to full faith and credit in other states.

Question 5

What two requirements are needed for a divorce to be valid?

Answer 5

Generally, a divorce is valid and must be recognized by other states if the petitioning party:

1. Was domiciled in the state that granted the divorce; AND
2. Provided adequate notice of the proceeding to the other spouse.

Question 6

Generally, what is the concept of divisible divorce?

Answer 6

Under the concept of divisible divorce, a distinction is made between the marriage and the marital property.

Question 7

Under the divisible divorce doctrine, what are the jurisdictional rules pertaining to marital property?

Answer 7

A state does NOT have jurisdiction to divide marital property that is located in another state in the absence of personal jurisdiction over the defendant spouse.