Publication Divorce Residence for 6 months (1 of the n/a (not okay parties) required); it is quasi in rem: the divorce is the the state “thing” – where divorce is filed has control personal Property Residence for 6 months required service Division (minimum contacts) personal Alimony Residence for 6 months required service personal Alimony The court that entered that required service Modification award ALWAYS has jurisdiction. personal Child residence for 6 months required (can be service Support waived) – key is PJ personal Child so long as one party remains in required (can be service Support the state that issued the order, waived) Modification that state has continuing exclusive jurisdiction. If everyone moves, no longer has jurisdiction publication Custody UCCJEA - Default rule: based n/a – okay key is SMJ on the state last state child’s – where the child lived for a six month period with a parent before the divorce. publication Custody so long as one party remains in n/a okay Modification the state that issued the order, that state has continuing exclusive jurisdiction. If parties move, look at (1) home state, (2) significant connection, (3) emergency, (4) default jurisdiction publication Custody If the child is physically in the n/a okay Exception #1 state, and there is an emergency (Emergency related to neglect or abuse of the Rule) child or the parent, then the state where they are located can issue an emergency order.
Divorce Residence for 6 months (1 of the parties) n/a (not required); it is quasi in rem: the divorce is the “thing” – the state where divorce is filed has control Publication okay Property Division Residence for 6 months required (minimum contacts) personal service Alimony Residence for 6 months required personal service Alimony Modification The court that entered that award ALWAYS has jurisdiction. required personal service Child Support – key is PJ residence for 6 months required (can be waived) personal service Child Support Modification so long as one party remains in the state that issued the order, that state has continuing exclusive jurisdiction. If everyone moves, no longer has jurisdiction required (can be waived) personal service Custody – key is SMJ UCCJEA - Default rule: based on the child’s state – last state where the child lived for a six month period with a parent before the divorce. n/a publication okay Custody Modification so long as one party remains in the state that issued the order, that state has continuing exclusive jurisdiction. If parties move, look at (1) home state, (2) significant connection, (3) emergency, (4) default jurisdiction n/a publication okay Custody Exception #1 (Emergency Rule) If the child is physically in the state, and there is an emergency related to neglect or abuse of the child or the parent, then the state where they are located can issue an emergency order. n/a publication okay
Family-Law-Bell-Spring-2012.docx