rest of chapter 8 and all of chapter 9

Definition of Jurisdiction: The legal authority of a court to hear and resolve a case.
Types of Authority:
- Subject Matter Jurisdiction: The court's power to hear specific types of cases (i.e., divorce).
- Personal Jurisdiction: The court's authority over the individuals involved in the case.
Jurisdiction Requirements in Texas:
- Must demonstrate domicile in Texas for a specified period (usually at least six months) before filing for divorce.
- Residency in the specific county for at least 90 days before filing in that county.
Long Arm Statute: Allows Texas courts to exert jurisdiction over non-residents based on certain ties to the state (e.g., property ownership, business presence).

Community Property Definition: Property acquired during marriage; subject to division upon divorce.
Separate Property Definition: Property owned by one spouse prior to marriage or acquired by gift/inheritance; not divided.

Texas Family Code Section 7.001: State mandates a distribution that is "just and fair" rather than a strict 50/50 split.
Factors Influencing Distribution:
- Fault in Breakdown: Adultery, cruelty, abuse; may affect property division despite no-fault filings.
- Earning Ability Differences: Considerations for spouses’ income potential (e.g., one spouse may have stayed home).
- Health and Age: Evaluating the impact of age and health on earning potential or need.
- Financial Contributions: Determining financial and non-financial (homemaking) contributions during marriage.
- Wasting Community Assets: Spending community funds on affairs or unnecessary expenses.
- Size of Separate Property Estates: Challenges in equitable distribution when one spouse boasts significantly more separate assets.
- Child Custody Considerations: Primary caretaker might be awarded the family home for the stability of the children.
- Tax Consequences: Evaluating the financial implications of dividing property.

Methods of Property Assignment:
- Courts typically assign specific property and debts rather than selling everything outright.
- Cash payments can be made to balance the division.
Qualified Domestic Relations Order (QDRO): Required for the division of retirement accounts to specify how assets are split and to ensure compliance with the retirement plan provider.
Final Decree: A court order documenting the division of property and debts that spouses must adhere to post-divorce.

Family Home Disputes:
- Often the most contentious asset due to emotional and financial ties.
- Judges may award the home to the spouse with primary child custody to ensure children's stability.
- Other assets (e.g., vehicles, jewelry) may be negotiated to balance out property equity.
Alternative Options for Division:
- Selling the home and splitting the proceeds, purchasing the other spouse's share, or exclusive use arrangements until children reach adulthood.

Tax-Free Transfers: Property transfers between spouses as part of a divorce are not taxed as sales, allowing both parties to move forward without initial tax burdens.
Cost Basis Transfer: The receiving spouse adopts the original purchase price as the cost basis, which can result in future tax liabilities upon the eventual sale of the property.
Importance of Receipts: Keeping records is critical for tax compliance, especially surrounding asset exchanges.

Jurisdiction for Support Orders: Courts maintain authority over child support or spousal support if they have personal jurisdiction over the involved parties.
- Personal Jurisdiction: Must be established per individual circumstances of residency, service of process, or agreement.
Uniform Interstate Family Support Act (UIFSA): Provides mechanisms for enforcing child support across state lines, allowing Texas to retain control as long as at least one party resides in the state.
Continuing Jurisdiction: A court that issues a custody or support order retains authority to modify that order unless a significant change occurs or all involved parties relocate.

Moving and Jurisdiction Changes: Moving families can complicate jurisdiction for custody cases, but courts have established rules for determining authority.
Emergency Jurisdiction: States can intervene when immediate child protection is necessary, especially if a child is present there and at risk.
Deployment and Temporary Orders: Federal laws permit military personnel to delay hearings during deployments, ensuring that service members can participate in legal matters post-service.

Prepare for a comprehensive review on community property distribution and jurisdiction issues, and ensure to understand both theoretical concepts and practical applications prior to the quiz.