Matrimonial Jurisdiction

Question 1

What about personal jurisdiction in divorce, separation or annulment?

Answer 1

PJ not necessary if P spouse is domiciliary because court has rem jurisdiction over marriage

Question 2

What are the 4 possibilities under the matrimonial long-arm statute?

Answer 2

When P spouse is resident of NY, PJ acquired over D spouse for monetary support if:

1. NY was matrimonial domicile of both prior to separation; OR
2. D abandoned P in NY; OR
3. D’s monetary obligation accrued under agreement executed in NY; OR
4. D’s monetary obligation accrued under laws of NY

Question 3

How do you serve in matrimonial actions?

Answer 3

Personal service required absent court order

Question 4

What are the matrimonial duration residency requirements for matrimonial long arm statute to apply?

Answer 4

1. Both parties NY residents at commencement AND grounds for action arose in NY
2. Either party NY resident for 1+ year immediately prior to action AND marriage took place in NY OR NY was matrimonial domicile of spouses at some point OR grounds for divorce action arose in NY
3. Either party NY resident for continuous period 2+ years immediately prior to action

Failure = failure to state a claim