Divorce Proceedings

Question 1

What is subject matter jurisdiction requirement for divorce proceedings?

Answer 1

SMJ is established over marital status by virtue of domicile of one of the parties within the state at the time of the filing of the action, whether or not the parties have lived there as a cupule

Question 2

What is personal jurisdiction requirement for divorce proceedings?

Answer 2

Courts must have personal jurisdiction over the defendant to enter or enforce any degrees regarding support obligations or property distribution (in personam decrees)

Question 3

What are fault-based grounds for divorce?

Answer 3

1. desertion
2. adultery
3. impotence
4. cruelty
5. imprisonment
6. habitual intoxication
7. drug addiction

Question 4

What are requirements for no-fault divorce

Answer 4

No fault-divorce requires proof that:
1. marriage is irretrievably broken due to irreconcilable differences between spouses and there is no reasonable prospect of reconciliation
2. parties have been separated for a definitive period of time