Rule Statements Civ Pro w/ Family Law Distinctions Flashcards
What are the requirements for personal jurisdiction in Georgia?
Both statutory and constitutional requirements must be met. A Georgia court has personal jurisdiction if the defendant is domiciled in Georgia, present in Georgia when served, consents to jurisdiction, or under Georgia’s long arm statute.
What is a person’s domicile?
A person’s domicile is the place where he maintains his permanent home, determined by presence and intention to remain indefinitely.
What does Georgia’s long arm statute provide?
It provides jurisdiction over nonresidents in a divorce action if the nonresident maintained a matrimonial domicile in Georgia when the action commenced.
What are the due process requirements for personal jurisdiction?
The defendant must have sufficient contacts with the forum state so that exercising jurisdiction would be fair and reasonable.
What are the residency requirements for filing a divorce petition in Georgia?
The plaintiff must be a bona fide resident of Georgia for six months before filing the petition.
Which court has exclusive trial jurisdiction over divorce cases in Georgia?
The superior court.
What is the significance of a child’s ‘home state’ under the UCCJEA?
The child’s home state is where the child lived with a parent for at least six consecutive months before custody proceedings began.
When does a Georgia court have jurisdiction to enter a child custody order?
If Georgia is the child’s home state at the commencement of the proceeding or was the home state within six months prior, and a parent continues to live in Georgia.
Where is venue proper in a divorce action if the defendant is a Georgia resident?
In the county where the defendant resides.
Where is venue proper if the defendant is not a Georgia resident?
In the county where the plaintiff resides.
What factors do courts consider in child custody matters?
The parents’ wishes, the child’s wishes, interaction with parents and siblings, adjustment to home/school/community, and mental/physical health of individuals involved.
What is alimony?
An allowance out of one spouse’s estate awarded to the other spouse to ensure adequate income for the economically dependent spouse.
What is the venue for a third-party suit in Georgia?
Venue is proper in the county where the original action is proper.
When is a third-party defendant required to file an answer to the original complaint?
A third-party defendant is not required to file an answer unless the plaintiff amends her complaint to add a claim against them.
What are the requirements for granting summary judgment in Georgia?
Summary judgment is proper only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
