Out of state SHIZ

Question 1

What is an ex parte divorce?

Answer 1

An ex-parte divorce is one rendered without personal jurisdiction over the defendant based on the courts jurisdiction over the marriage.

Question 2

What is the two part test which determines whether the ex-parte divorce is valid?

Answer 2

1) state one spouse domiciled may grant even though the other spouse is not domiciled in state and not personally before the court,
2) if court has valid jurisdiction to grant a divorce, decree entitled to full faith and credit.

Question 3

Would an ex-parte divorce from another jurisdiction bar us from taking subsequent action?

Answer 3

1) as we know ex-parte divorce court can only grant divorce due to subject matter jurisdiction over the marriage not personal. Jurisdiction over the person.
2) cannot impose obligations such as maintenance and child support on absent spouse

Question 4

How do i get support orders across state lines?

Answer 4

1. Uniform Interstate Family Support Act
   (a) permits custodial parent to send custodial support order to out-of-state employer of D
   (b) alternatively can send to court in that state to enforce
   (c) state initially issued support order has continuing jurisdiction over it
2. Full Faith and Credit for Child Support Orders Act: provides same at federal level

Question 5

Custody orders across state lines

Answer 5

State has power to enter custody order if:

1. Home state of child (6 months with parent); OR
2. Was home state within 6 months and 1 parent still lives there

Once state with jurisdiction enters order, has continuing and exclusive jurisdiction while any party remains connected with forum

Question 6

How do I get personal jurisdiction over a non resident in an action for maintenance?

Answer 6

1) jurisdiction over a non resident extends via the New York long arm statute.
2) the non resident party has to have had a connection to the state of New York at some time in the recent past; and
3) person seeking support has to be resident or domiciled in the state at time claim was made.

Question 7

What things are considered connections to the state of New York when we are trying to get long arm jurisdiction for maintenance orders?

Answer 7

1) New York matrimonial domicile,
2) defendant abandoned plaintiff in New York,
3) the claim for support, alimony, maintenance, distributive award, or special relief accrued under New York law or under agreement executed in New York