Matrimonial Jurisdiction

Question 1

What is the proper court for an action on marital status?

Answer 1

NY Supreme Court

Question 2

What is a valid basis of jurisdiction over a divorce claim?

Answer 2

Having a basis of personal jurisdiction is not required. In rem jurisdiction will suffice, i.e. if the plaintiff spouse is domiciled in the NY, the marriage (a res/a thing) is in NY.

Question 3

What is a valid basis of jurisdiction if the plaintiff spouse is seeking monetary support?

Answer 3

The plaintiff must be have a basis of personal jurisdiction. The plaintiff can use the matrimonial long-arm statute.

Question 4

What are the categories of the matrimonial long-arm statute?

Answer 4

1. NY was the matrimonial domicile of the plaintiff and defendant shortly prior to their separation; OR
2. Defendant abandoned plaintiff in NY; OR
3. Defendant’s monetary obligation accrued under an agreement executed in NY (e.g. separation agreement); OR
4. Defendant’s monetary obligation accrued “under the laws of NY.”

Question 5

What is the proper method of serving process in a matrimonial action?

Answer 5

The only proper method is personal delivery. Alternative methods may not be used without judicial permission by means of a court order.

Question 6

What are the durational residency requirements for matrimonial actions?

Answer 6

1. Already r**esidents: **If both parties are NY residents at the time the action is commenced AND the grounds for the matrimonial action arose in NY, then no period of prior NY residency is not required.
2. **One-Year Residency: **If either party has been a NY resident for a continuous period of at least 1 year immediately prior to the action AND NY has any 1 of 3 possible prior links to the marriage:
   a. Marriage took place in NY; OR
   b. New York was the matrimonial domicile of the spouses at some point; OR
   c. Grounds for divorce action arose in New York.
3. Two-Year Residency: If either party has been a NY resident for a continuous period of at least 2 years immediately prior to the action, that is sufficient.

If plaintiff fails to allege and prove satisfaction of at least one of the residency requirements, the proper defense is failure to state cause of action.