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This distinguishes them from a "readily portable benefit, such as a divorce or a college education", for which durational residency requirements had been upheld in cases such as Sosna v. Iowa and Vlandis v. Kline. California justified the statute solely on fiscal grounds, and Stevens held that this justification was insufficient.
In 1893, South Dakota's state legislature extended the residency requirement for divorce to six months, and required residency for one year when the defendant could not be personally served. [3]: 110 Divorce-seekers began to move instead to North Dakota, which still had only a three-month residency requirement.
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. [1] Each state in the United States has its own set of grounds. [2] A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. [3]
The laws of the state(s) of residence at the time of divorce govern, not those of the location where the couple was married. All states recognize divorces granted by any other state, and all impose a minimum time of residence to file for a divorce, [22] Nevada and Idaho currently being the shortest at six weeks. [23] [24]
Habitual residence specifically is also becoming more common in legislation as drafters use the term as the primary connecting factor. One example is in the Federal Divorce Act which uses a one year period of habitual residence as the basis for which a court in a province has a jurisdiction to hear and determine a divorce proceeding. [17]
The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state through the principle of comity, enshrined in Article IV of the U.S. Constitution. [143] All states impose a minimum time of residence in the state.
New York divorce law changed on August 15, 2010, when Governor David Paterson signed no-fault divorce into law in New York state. Until 2010, New York recognized divorces only upon fault-based criteria or upon separation. The State Senate approved the No-Fault Divorce bill on June 30, and the State Assembly passed the bill on July 1.
Divorce laws allow the parents to file the divorce in either state. However, custody laws only allow jurisdiction to exist in the state where the child or children reside. In 1997 the Uniform Child Custody Enforcement Jurisdiction Act (UCCJEA) was created to address the question of which state has jurisdiction over a child custody case.