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Question 1
Aidan left his wife Anita in their marital home in Indiana, moved to Michigan, established domicile and obtained a divorce which denied her alimony. Although notified by mail, Anita refused to appear. Since Michigan did not have personal jurisdiction over Anita, how will Indiana treat the Michigan divorce decree?
Correct
Incorrect!
Correct
Incorrect!
Correct Under the Full Faith and Credit Clause, Indiana is required to recognize a valid divorce decree from another jurisdiction. Yet, since personal jurisdiction over the party is required to decide support, Indiana would not have to recognize the denial of alimony.
Incorrect! Under the Full Faith and Credit Clause, Indiana is required to recognize a valid divorce decree from another jurisdiction. Yet, since personal jurisdiction over the party is required to decide support, Indiana would not have to recognize the denial of alimony.
Correct
Incorrect!
Question 2
Al and Peggy are unhappily married. Peggy leaves Al and moves to New Jersey, a state that neither Al nor Peggy had visited before, taking along Al's beloved cat Meow. Peggy initiates divorce proceedings against Al in New Jersey. Al drives all the way to New Jersey only to retrieve Meow. While Al is there, he is served with process. Can the New Jersey court obtain jurisdiction over Al?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Transient presence in the forum state at the time of personal service is sufficient to exercise personal jurisdiction over the party. Here, Al was served in New Jersey, which gave the state personal jurisdiction over him.
Incorrect! Transient presence in the forum state at the time of personal service is sufficient to exercise personal jurisdiction over the party. Here, Al was served in New Jersey, which gave the state personal jurisdiction over him.
Question 3
AJ is being sued for divorce by his wife Shannon in Texas. Both made personal appearances in court. AJ, who lives in California, wishes to collaterally attack the Texas divorce decree in California on the ground that the Texas court lacked personal jurisdiction over him. AJ's collateral attack in California will be successful.
Correct
Incorrect!
Correct AJ will not succeed because once he made the personal appearance, he was subject to the court's jurisdiction and had an opportunity to contest any issue, including the issue of jurisdiction. He cannot now collaterally attack the decree on the ground that the court lacked jurisdiction.
Incorrect! AJ will not succeed because once he made the personal appearance, he was subject to the court's jurisdiction and had an opportunity to contest any issue, including the issue of jurisdiction. He cannot now collaterally attack the decree on the ground that the court lacked jurisdiction.
Question 4
Lefty and Vanessa agreed to fly to Mexico to obtain a quickie divorce. To save Vanessa some money, Lefty had her sign the appropriate paperwork, but obtained the divorce in Mexico alone. Lefty and Vanessa now wish to have a Connecticut court give full faith and credit to their Mexican divorce. What will the court do?
Correct
Incorrect!
Correct States recognize ex parte decrees from another state under the Full Faith and Credit Clause; however, no state recognizes ex parte decrees from a foreign country. Only bilateral foreign divorces are recognized on the basis of comity. Here, Lefty was the only party who appeared in the proceeding, thereby making the divorce ex parte. Accordingly, Connecticut would not recognize the divorce.
Incorrect! States recognize ex parte decrees from another state under the Full Faith and Credit Clause; however, no state recognizes ex parte decrees from a foreign country. Only bilateral foreign divorces are recognized on the basis of comity. Here, Lefty was the only party who appeared in the proceeding, thereby making the divorce ex parte. Accordingly, Connecticut would not recognize the divorce.