Fam. Law Ch 9
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How do you commence a dissolution action?
- You start by filing a Petition for Dissolution of Marriage.
- Petitioner commences the action.
- Respondent is who the action is bought against.
3 Types of Jurisdiction?
- Subject Matter
- Personal Jurisdiction
- In rem jursidiction
Subject Matter Jurisdiction?
- No subject matter jurisdiction = no vaild judgement
- Determined by meeting the state's residency requirements.
- Only one spouse has to meet the residency requirement.
Indiana residency requirement?
- Resident within Indiana for six months
- County Resident for three months
- Requirement that the respondent be given notice of the proceedings by service of process.
- Personal jursidiction met = court may enter orders and enforce judgments.
- Needed to divide the stuff and require payments
How is personal jurisdiction obtained?
Service of process
Service of Process methods?
- Personal Service
- Subsituted Service (leaving it at work/home w/ someone over 18)
- Publication (last known location)
- Service by mail
In rem jurisdiction
Power of the courts to actually dissolve the marriage
- Proper geographical court in which to file an action
- "race to the court house"
Initial Pleadings in a dissolution action?
- Petition for Dissolution of Marriage
Form of Petition?
- Caption - In re the Marriage of....
- Body - Establishes jurisdiction and grounds
- Prayer for Relief - what plaintiff is requesting (include a catch all)
- Subscription & Verification
Temporary Restraining Order?
- Issued by the court based on a movant's affidavit that injruy would result if no immediate order were issued.
- Restrains from transfering, encumbering, concealing or disposing of property. Can also remove a party from a dwelling; protects the peace of the other; temp. possession of property.
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