Newsletters
Exclusive Jurisdiction of Original State Under UIFSA
Under the Uniform Interstate Family Support Act (UIFSA), there is only one controlling support order even when multiple states are involved in enforcing it. Once a support order is established, the issuing state has continuing, exclusive jurisdiction to modify that order. The issuing state retains exclusive jurisdiction to modify, upon proper petition, so long as one of the individual parties or the child continue to reside in that state. Modification jurisdiction may be sought in child support cases only when all individual parties and the child have left the issuing state or when the parties have agreed in writing for another state to exercise jurisdiction.
Post-Decree Modification of Property Division
During a divorce proceeding, the parties are entitled to conduct discovery. Discovery is a process by which each party can ask questions in depositions and inspect each other's financial and business records to discover the total assets and liabilities of the marriage. A court will enforce a party's right to full disclosure so that each party has a clear idea of the identity and value of all marital property.
Involuntary Commitment of an Individual
Involuntary commitment of an individual occurs when the individual is ordered to a treatment facility or hospital to prevent them from harming themselves or others. In order for one to be confined against their wishes they must be mentally ill, under the influence of an intoxicant or narcotic, or a danger to themselves of others.
Divorce and Property Division
When spouses have decided that their marriage is no longer viable and divorce is the proper remedy, numerous issues are involved, including the division of their property.
Uniform Divorce Recognition Act
The Uniform Divorce Recognition Act has been adopted by seven states: California, Nebraska, New Hampshire, North Dakota, Rhode Island, South Carolina, and Wisconsin. The Act applies only to those seven states. The Act does not apply to any other state.
