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?
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?
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.
Fam. Law Ch 9
Family Law Chapter Nine