Termination of Marriage Flashcards
Divorce
Jurisdiction
NV has jurisdiction over spouse domiciled in Nevada
* The domicile of the Plaintiff is enough and sufficient to bring action of divorce granted by any state in which the plaintiff spouse is domiciled is entitled to full faith and credit in every other state.
Long Arm Statute
* assert PJ over a non resident spouse who last matrimonial domicile was within the state.
Alimony
Jurisdiction
You need personal jurisdiction over the D spouse
Long Arm Statute:
- if they ever lived in the state as husband and wife.
A court only has PJ to grant alimony and child support if it also has personal jurisdiction
PJ is valid over any person served in the state so long as it is not made through fraud or force
- Sufficient minimum contact.
Divorce
Separation
When the Husband and wife lived separate and apart for one year without cohabitation, the court may in its discretion, grant an absolute decree of divorce at the suit of either party.
Separation means:
- a voluntary physical separation without intent to resume marital status
- Separation must be actual.
Grounds for Divorce
1) Insanity
2) Separation
3) Incapability
Grounds For Divorce
Insanity
1) It must be two years prior to file
2) Corabrable evidence.
Alimony
Modification
1) Once a payment occurs it cannot be modified
2) Can be modified if you show a change in circumstances
3) Will terminate upon death of the party
4) Will terminate on remarriage of recipient
Alimony
Issues of enforcement
1) can get a judicial order to cease assets
2) Attach Wages
3) Contempt of court