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bar bros - q re family law and jdx
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Date: July 22nd, 2014 11:51 PM Author: misunderstood buff national security agency location am i right to say that state courts only require personal jurisdiction?
im on DAT THEMIS and the outlines are dogshit on this point. i seem to recall in the federal jurisdiction lecture the lecturer mentioning that state courts are courts of general jurisdiction and can hear any claim as long as there's personal jurisdiction.
is this right? |
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Date: July 23rd, 2014 1:26 AM Author: sapphire house The need smj too right? And they only have smj if the party bringing the suit to their court is domiciled in that courts state. Even so, they can only render a divorce decree with smj, which will be given full faith and credit in other states, but they need pj to settle property matters (http://www.autoadmit.com/thread.php?thread_id=2625719&forum_id=2#25985371) |
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Date: July 23rd, 2014 1:33 AM Author: misunderstood buff national security agency location that's right. ty my brother. that's the ex parte divorce doctrine. much appreciated.
im in a state w/90 day residency rqrmt. i imagine there's in rem for if the marriage occurred there, but DAT THEMIS doesn't even cover it.
~_~ |
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Date: July 23rd, 2014 1:36 AM Author: sapphire house Good luck we got this (http://www.autoadmit.com/thread.php?thread_id=2625719&forum_id=2#25985429) |
Date: July 23rd, 2014 1:20 AM Author: sienna laughsome antidepressant drug casino i think that is a cr way of looking at it. family law issues are always state law issues so if there is PJ, then they should be able to entertain it.
i dont think you will ever be faced with a Q that deals with whether the court has smj over a divorce, custody, cp/sp, etc. it will probably be focused more on the pj aspect like if the P has lived in the state long enough to file for divorce in it, whether the property is is in the forum, where the child lives, etc |
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Date: July 23rd, 2014 1:29 AM Author: misunderstood buff national security agency location im a dumb man. i didnt realize that the 90 day residency rqrmt was the general basis for smj to grant a divorce. i didnt piece together that that would also apply to distribution, custody, alimony, etc until just this second.
the reason i was confused about the whole thing is bc the uniform child custody jurisdiction and enforcement act has complex rules regarding smj for granting/modifying child custody.
ty for makign me think this through. |
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Date: July 23rd, 2014 1:31 AM Author: sienna laughsome antidepressant drug casino i thought the child custody rule was essentially where ever the kid had lived for the 6 months prior to the filing and that court had exclusive jurisdiction over it? (http://www.autoadmit.com/thread.php?thread_id=2625719&forum_id=2#25985395) |
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Date: July 23rd, 2014 1:31 AM Author: sapphire house Cr (http://www.autoadmit.com/thread.php?thread_id=2625719&forum_id=2#25985398) |
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Date: July 23rd, 2014 1:35 AM Author: misunderstood buff national security agency location you are right my brother. it's 6 months or since birth, if child not 6 months old. the state that grants has continuing jdx until parents no longer live in state or child no longer [significantly connected to state].
then you have to go to the other weird jdx provisions (default; significant connection) |
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Date: July 23rd, 2014 1:24 AM Author: Domesticated Obsidian Azn Factory Reset Button Correct. (http://www.autoadmit.com/thread.php?thread_id=2625719&forum_id=2#25985368) |
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Date: July 23rd, 2014 1:28 AM Author: dun rehab associate lol no
bankruptcy federal antitrust federal securities admiralty patent/copyright treason ambassadors state vs state |
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Date: July 23rd, 2014 1:31 AM Author: misunderstood buff national security agency location right.
i was more concerned with the family law matter.
confusing post i guess. |