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California Law Study Guide

MARITAL LAW -

California Law- 3 Requirements for a court to have jurisdiction to adjudicate marital status

Once the requirements of jurisdiction are meet, then section 2010 takes effect.

Jurisdiction to Adjudicate Marriage in California

This law comes from the case, Muckle v. Superior Court, in California.

In order for a case to be brought in court, there needs to be found that this case is under the jurisdiction of the court. The way to find this out is to apply three requirements. Those three requirements are: court has the authority to adjudicate specific subject matter of this case (subject matter Family Code Section 2010), court must have in rem jurisdiction over the res (which is the marriage itself) in order to terminate the marriage itself, and the court must have jurisdiction over the parties in the case to adjudicate their personal rights (known as personal jurisdiction). You could think of these requirements are three bullet points: subject matter jurisdiction, in rem jurisdiction, and personal jurisdiction.
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