When you need to get divorced, usually, you call a divorce lawyer to talk about your situation and move forward. In determining how to get you divorced, the lawyer must determine where jurisdiction lies. Jurisdiction is a complicated issue. Actually, it’s a whole bunch of issues all jumbled together. There is personal jurisdiction, subject matter jurisdiction, and then there is in rem jurisdiction. If that weren’t complicated enough, there’s also a similar issued called venue. Before you determine Venue, you have to figure out the proper jurisdiction. There are many things that are relevant to where you should file your divorce, such as:
IN REM JURISDICTION FOR UTAH DIVORCEIn Rem is a latin term. When used in the divorce context, it refers to the court’s jurisdiction over the marital status. So a court may have in rem jurisdiction to grant a divorce, but no personal jurisdiction over one of the parties, their money and their property, and/or no subject matter jurisdiction over the parties’ children. In that case, the court could ONLY make orders that the parties are divorced. Everything else (child support, spousal support, custody, property division, etc.) would remain in as it is, with no orders until somebody files something to get those orders in the proper jurisdiction. Why would you want to file a divorce in a court that can only end the marriage and not make any orders regarding child support, custody and property? Actually, there are lots of reasons.
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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