Fam. Law Ch 9

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Fam. Law Ch 9
2011-12-11 11:21:41
Family Law

Family Law Chapter Nine
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  1. 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.
  2. 3 Types of Jurisdiction?
    • Subject Matter
    • Personal Jurisdiction
    • In rem jursidiction
  3. 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.
  4. Indiana residency requirement?
    • Resident within Indiana for six months
    • County Resident for three months
  5. Personal jurisdiction
    • 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
  6. How is personal jurisdiction obtained?
    Service of process
  7. Service of Process methods?
    • Personal Service
    • Subsituted Service (leaving it at work/home w/ someone over 18)
    • Publication (last known location)
    • Service by mail
  8. In rem jurisdiction
    Power of the courts to actually dissolve the marriage
  9. Venue?
    • Proper geographical court in which to file an action
    • "race to the court house"
  10. Initial Pleadings in a dissolution action?
    • Petition for Dissolution of Marriage
    • Summons
  11. 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
  12. 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.