Jurisdiction
The legal authority of a court to hear and decide a divorce case, typically based on where the spouses live.
Understanding Jurisdiction
Jurisdiction determines which court has the power to grant the divorce and make orders. Most states require at least one spouse to have been a resident for a minimum period (usually 6-12 months) before filing. Subject matter jurisdiction covers the type of case, while personal jurisdiction refers to the court's power over a specific person. In interstate cases, custody jurisdiction is governed by the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), which designates the child's home state as having primary jurisdiction.
Real-World Examples
Because they lived in different states, they had to determine which state had jurisdiction — she filed in California where she had lived for over a year.
State-by-State Variations
Residency requirements range from 6 weeks in Nevada to 12 months in many states. Some states like Alaska and South Dakota have no minimum residency period.
Related Terms
A specialized court that handles cases involving family matters including divorce, custody, child support, and domestic violence.
PetitionThe formal legal document filed with the court to initiate divorce proceedings, also called a complaint in some states.
HearingA court proceeding where a judge hears arguments, evidence, or testimony on a specific issue in a divorce case.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.