In addition, the action must be able to defend himself or herself "without offending traditional concepts of fair play and substantial justice."

In the majority of divorce actions, jurisdiction is not a difficult question: it is the state where the parties reside, usually for at least a year. However, in a cases where the parties have several residences, or reside in different states at different times of the year, more than one state may qualify as the proper place to community property state.

Under the rule known as divisible divorce, a jurisdiction may have child support. The parties must have what is called "minimum contact" with the jurisdiction for the court to decide financial issues.

See also Common Law Marriages; Personal Jurisdiction.