What determines jurisdiction in divorce?
Table of Contents
What determines jurisdiction in divorce?
The marital status is the “res” or thing which “exists,” and serves as a basis of jurisdiction in the state of the domicile of either party. As such, a state in which either spouse is domiciled has jurisdiction through its courts to terminate the marriage by granting a divorce decree.
Can I move out of state during a divorce?
In California, at least one party must be a resident of the state and county where the divorce is filed. If you move out of state before the divorce is filed or while the case is pending, you can still handle the case in a California court if your spouse continues to meet the residency requirements.
Does alimony have a time limit?
There is no limitation period for bringing a claim for spousal support under the Divorce Act. It can be brought before or after an order of divorce. Nonetheless, the longer a spouse or former spouse waits, the less likely they will succeed.
How does a judge decide alimony?
In each case, a judge must consider several factors to determine if spousal support should be paid, including: The financial means, needs and circumstances of both spouses; The length of time the spouses have lived together; Any previous orders, agreements or arrangements already made about spousal support.
