Matrimonial Actions - Jurisdiction

Question 1

What are the jurisdicition requirements & procedural considerations?

Answer 1

• Similar requirements for:
  
  • matrimonial proceedings
  • nulity
  • annulment
  • divorce
  • separation

Question 2

What are the domicile & residency requirements?

Answer 2

• US Constit. - require domicile of one of the ptys fora state to exercise divorce juriswdiction
• In rem
  
  • \established by the domicile of one of the ptys in the state
  • Domicile - physical residence in the home & intent to make it permanent home
• full faith & credit
  
  • given if one spouse leaves & established domicile somewhere else & gets the divorce there
  • stay-home state will recognize so long as reasonable notice
  • if only one spouse participates & stay-home spouse allows for a default, he can attack the finding of domicile b/c no hearing on the contest of domicile

Question 3

What is required for personal jurisdiction?

Answer 3

• Domicile allows for in rem jurisdiction for purposes of granting the divorce
• PJ over D is necessary for the ct to enforce any judgments or decrees
  
  • in personam
    
    • the entry of orders imposing support obligations or institution of contempt proceedings to enforce such orders
      
      • long arm may be sufficient for in personam
      • D must have sufficient minimum contacts with the state consistent w/due process principles