FL Essay misses

Question 1

Full Faith and Credit - divorce

Answer 1

Courts give FFC to divorce decrees of the courts of a sister state if:

1. sister state had proper jurisdiction and
2. the decree is valid in the sister state

Question 2

Divisible Divorce Doctrine

Answer 2

An ex parte divorce (only one party domiciled) generally can serve to grant only the divorce

No effect on disputes over marital property UNLESS property is in the rendering state.

Question 3

Divorce Jurisdiction

Answer 3

Only one spouse needs domiciled in state.

Most states have minimum residency requirement.

Court must have jdx over defendant in deciding financial matters such as property and support

Question 4

Child custody Jurisdiction

Answer 4

Under UCCJEA a state has jdx if it is the home state of the child
1. at the time proceedings began OR
2. or within 6 month of the proceedings and a parent still resides there

Question 5

Child’s home state

Answer 5

State in which the child lived with a parent (or person acting as a parent) for at least six consecutive months prior to the proceeding
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Question 6

Parental Kidnapping Prevention Act PKPA

Answer 6

requires states to enforce custody orders of another state if that state had home state jurisdiction.

Jurisdictional standards are substantially similar to UCCJEA