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Some Problems In Jurisdiction To Divorce, James L. Parks
Some Problems In Jurisdiction To Divorce, James L. Parks
University of Missouri Bulletin Law Series
The American Law Institute in its Restatement of the Conflict of Laws has codified the rules governing jurisdiction of a court to grant a divorce, where no personal jurisdiction of the defendant is obtained, as follows: "A state cannot exercise through its courts jurisdiction to dissolve the marriage of spouses of whom one is domiciled within the state and the other is domiciled outside the state, unless the spouse who is not domiciled in the state (a) has permitted the other spouse to acquire a separate home; or by his misconduct has ceased to have the right to object to …
Jurisdiction To Divorce, James L. Parks
Jurisdiction To Divorce, James L. Parks
University of Missouri Bulletin Law Series
It is generally conceded by American authority that a divorce granted by a court, when neither party to the marriage is domiciled within its jurisdiction, is invalid, and this is the rule even though the defendant submits himself to the court's action. This proposition is said necessarily to result "from the right of every nation or state to determine the status of its own domiciled citizens or subjects, without interference by [other] tribunals in a matter in which they have no concern." So long as the parties have a common domicile, the matter of jurisdiction to divorce is one of …
Domicile Of A Married Woman, The, James L. Parks
Domicile Of A Married Woman, The, James L. Parks
University of Missouri Bulletin Law Series
Originally the rule was that the domicile of a married woman was that of her husband. It made no difference what the actual facts were, a wife would not be heard to say that she had a separate domicile. This notion was largely due to the law's conception of a married couple as one person, which idea was based on a wife's duty to be with her husband, he in turn being bound to support her.
Some Aspects Of The Status Of Children In Missouri, Eldon R. James
Some Aspects Of The Status Of Children In Missouri, Eldon R. James
University of Missouri Bulletin Law Series
In two recent decisions of the Supreme Court of Missouri, Drake v. Milton Hospital Association and Lindsley v. Patterson, some of the problems arising in connection with the position of illegitimate and adopted children have been discussed. This study will deal with the various kinds of status of children in Missouri law, the condition under which each may come into existence, and the rights of inheritance which flow from each of them.