Section 27.12 Divisible Divorce Actions
Library | Family Law Deskbook and 2014 Supp |
A. (§27.12) Divisible Divorce Actions
The concept of divisible divorce recognizes that a divorce proceeding has two separate aspects:
1. Relating to the existence of the marriage itself
2. Relating to personal property rights
The property interest and support obligations of a litigant cannot be adjudicated ex parte. The adjudication of the
duties of maintenance and support requires in personam jurisdiction:
· through general appearance in the action;
· through personal service of summons in the forum state; or
· in accordance with applicable long-arm statutes.
See Estin v. Estin, 334 U.S. 541 (1948). In Estin, the husband procured a divorce in Nevada following the earlier issuance of a support order in New York. The decree of the Nevada court purported to eliminate the wife’s claim for support under the earlier New York judgment, even though the Nevada court had never obtained personal jurisdiction over the wife. The Supreme Court held that the New York court was only required to recognize the Nevada decree insofar as the decree granted the divorce and that New York did not need to give full faith and credit to that portion of the Nevada judgment eliminating the wife’s entitlement to support. The Court stated, “The result in this situation is to make the divorce divisible—to give effect to the Nevada decree insofar as it affects marital status and to make it ineffective on the issue of...
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- Section 27.1 Introduction
- Section 27.2 Interstate Recognition of Judgments
- Section 27.3 Jurisdiction—Domicile
- Section 27.4 Domicile and Residence—Defined
- Section 27.5 Military Personnel Stationed in Missouri
- Section 27.6 Enforcement of Foreign Judgment and Collateral Attack
- Section 27.7 Jurisdiction
- Section 27.8 Burden of Proof
- Section 27.9 Res Judicata
- Section 27.10 Estoppel
- Section 27.11 In Personam Jurisdiction
- Section 27.12 Divisible Divorce Actions
- Section 27.13 Long-Arm Jurisdiction
- Section 27.14 Distribution of Property
- Section 27.15 Intangible Property
- Section 27.16 Tangible Property
- Section 27.17 Child Support
- Section 27.18 Child Custody
- Section 27.19 Repeal of Missouri Uniform Child Custody Jurisdiction Act
- Section 27.20 Missouri Uniform Child Custody Jurisdiction and Enforcement Act
- Section 27.21 Jurisdiction Under the Uniform Child Custody Jurisdiction and Enforcement Act
- Section 27.22 Initial Custody Determinations
- Section 27.23 Continuing Jurisdiction Over Custody Determinations
- Section 27.24 Modification of Custody Decree of Another State
- Section 27.25 Emergency Custody Determinations
- Section 27.26 Concurrent Proceedings
- Section 27.27 Inconvenient Forum
- Section 27.28 “Clean Hands”
- Section 27.29 Notice Requirements
- Section 27.30 Communication Between Courts
- Section 27.31 Enforcement Under the Uniform Child Custody Jurisdiction and Enforcement Act
- Section 27.32 The Hague Convention
- Section 27.33 Parental Kidnapping Prevention Act of 1980
- Section 27.34 Marriage
- Section 27.35 Annulment
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