MEE - Family

Question 1

Divorce.

Jurisdiction over a divorce action:

Answer 1

One of the parties must be bona-fide resident of that jurisdiction where the action is brought.
Some states may set a minimum durational residency requirement with would be between 90 days and 1 year.

Question 2

Dirvoce.
Division of property.
Jurisdiction over property.

Answer 2

Generally, a court cannot determine out-of-state property rights or rights of support unless it has jurisdiction over both parties.
An exception will be for marital property located within that state.

Question 3

Divorce.

Can one of the parties prevent the divorce for happening?

Answer 3

No.
Most states provides “no-fault” divorces that provide the dissolution of marriage without regard a marital fault. One of the parties must show:
-Marriage is irretrievably broken.
-The parties have been living separate and apart for a specified period of time.

Question 4

Divorce.

Property Distribution:

Answer 4

As a general rule, the courts have authority to order equitable distribution of all marital property, no matter how title is held.
All assets acquired during marriage will be held marital assets unless: gift, inheritance, devise or descent.
If property is acquired before marriage but paid during marriage, must courts will apportion the property between separate and marital interests in proportion of the contribution of separate and marital funds used to pay the property.