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Judge Making the Decision - Case Study Example

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Judge Making the Decision

If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements stand thus: No divorce shall be granted unless the plaintiff has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and the plaintiff has resided in this state from the time of the marriage until the filing of the complaint. A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere. A divorce may be filed in the district court of the county in which either party resides. (Wyoming Statutes - Title 20 - Chapters: 20-2-104, 20-2-107 and 20-2-108).
The Complaint for Divorce must declare the appropriate Wyoming grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows: To obtain a No-Fault divorce the plaintiff must allege Irreconcilable differences in the marital relationship. To obtain a divorce based upon Fault, the plaintiff must allege that defendant is incurably insane and the insane person has been confined in a mental hospital of this state or of another state or territory for at least two (2) years immediately preceding the commencement of the action for divorce. (Wyoming Statutes - Title 20 - Chapters: 20-2-104, 20-2-105)
Here, plaintiff merely alleges a homosexual affair. Assuming arguendo that the allegations are true, they amount to nothing more than a charge of adultery which is not grounds for divorce in this state. Furthermore, plaintiff has not alleged in her complaint the requisite jurisdictional predicates for this court to take jurisdiction of this matter. She merely alleges that the parties own land in this state. The record reflects no reason for this court to presume that the plaintiff resides in this state or that she has for the past sixty days. Accordingly, and based upon the foregoing the complaint is dismissed without prejudice. ...Show more

Summary

Before this court is the age old issue of venue. Plaintiff, Lynn Cheney has alleged that the defendant Dick Cheney, has been engaged in an extra marital affair with Rush Limbaugh. Defendant, Dick Cheney, has denied the allegations and in support of his motion to dismiss the divorce complaint has attached a supporting affidavit of Limbaugh who has explained that there is a misunderstanding and that "sometimes oxycotin makes me do crazy things" (Affidavit at 4)…
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