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Cases of Interest: Jurisdiction
© National Legal Research Group, Inc.
ALASKA: Johns v. Johns, 945 P.2d 1222 (Alaska 1998).
The trial court did not abuse its discretion in retaining jurisdiction for possible future division of the husband's interim fishing permits.
Read More About This CaseCOLORADO: In re Marriage of Akins, 932 P.2d 863 (Colo. Ct. App. 1997).
The trial court in Colorado, where the parties used to have their marital domicile and where the wife still lived, could exercise long-arm jurisdiction over the husband, but the husband's past domicile in, or minimum contacts with, Colorado could not form the basis for the exercise of subject-matter jurisdiction to divide his military pension.
Read More About This CaseMARYLAND: Eckard v. Eckard, 333 Md. 531, 636 A.2d 455 (1994).
A Maryland court had jurisdiction to direct the wife to execute a power of attorney authorizing the husband to execute documents necessary for the sale of realty in Florida.
Read More About This CaseMASSACHUSETTS: Windsor v. Windsor, 45 Mass. App. Ct. 650, 700 N.E.2d 838 (1998).
The trial court lacked personal jurisdiction over the husband, who had not maintained a marital domicile in Massachusetts for more than 30 years, so as to permit equitable distribution of his assets.
Read More About This CaseMASSACHUSETTS: Anderson v. Anderson, 39 Mass. App. Ct. 907, 654 N.E.2d 65 (1995).
Provisions of a New Hampshire divorce decree concerning equitable distribution were not valid despite the husband's domicile there since the wife had previously filed a Massachusetts divorce action and Massachusetts retained personal jurisdiction over the property issues.
Read More About This CaseNEW YORK: Riechers v. Riechers, ___ Misc. 2d ___, 679 N.Y.S.2d 233 (Sup. Ct. 1998).
The wife would be awarded one-half of the value of marital assets which the husband had placed in an irrevocable trust in a foreign jurisdiction.
Read More About This CaseNEW YORK: Babu v. Babu, ___ A.D.2d ___, 645 N.Y.S.2d 899 (1996).
The husband's contacts with New York with respect to the parties' marriage were too attenuated to provide a constitutionally sufficient basis for jurisdiction in a matrimonial action involving a demand for financial relief in New York.
Read More About This CaseNEW YORK: Zwerling v. Zwerling, ___ Misc. 2d ___, 636 N.Y.S.2d 595 (1995).
The wife in Israel was not properly served in accordance with the Hague Convention so as to confer personal jurisdiction over her for the purpose of equitable distribution in New York.
Read More About This CaseNORTH CAROLINA: Strother v. Strother, ___ N.C. App. ___, 462 S.E.2d 542 (1995).
An out-of-state individual who provided financial, investment, and tax advice to the husband and wife was subject to personal jurisdiction in North Carolina, as was another individual who purported to be a director, officer, and controlling shareholder of a corporation which conducted all its business in North Carolina and allegedly constituted a marital asset.
Read More About This CaseNORTH CAROLINA: Shamley v. Shamley, ___ N.C. App. ___, 455 S.E.2d 435 (1994).
The wife, a nonresident, had not established minimum contacts with North Carolina so as to permit the exercise of personal jurisdiction over her in the husband's equitable distribution action in North Carolina.
Read More About This CaseOHIO: Schiavone v. Schiavone, 126 Ohio App. 3d 780, 711 N.E.2d 694 (1998) (released 1999).
The trial court erred in attempting to retain jurisdiction over the distribution of the husband's retirement account in the event that he declared bankruptcy.
Read More About This CaseOHIO: Fraiberg v. Cuyahoga County Court, 76 Ohio St. 3d 374, 667 N.E.2d 1189 (1996).
Under a civil rule authorizing service of process on nonresidents who lived in a marital relationship within the state, personal jurisdiction existed over the nonresident husband in the wife's legal separation action in Ohio.
Read More About This CaseOHIO: Gibson v. Gibson, 87 Ohio App. 3d 426, 622 N.E.2d 425 (1993).
The trial court in a divorce action acted beyond its statutory authority by awarding the husband a "judgment for damages" based on damage done to the husband's pickup truck by the wife.
Read More About This CasePENNSYLVANIA: Russo v. Russo, 714 A.2d 467 (Pa. Super. Ct. 1998).
The trial court had jurisdiction to order the parties to sell out-of-state real property and to divide the proceeds.
Read More About This CaseWASHINGTON: In re Marriage of Peck, ___ Wash. App. ___, 920 P.2d 236 (1996).
Personal jurisdiction could not be exercised in Washington over the nonresident husband for the purpose of resolving marital property issues merely because he had paid child support for a period of time to the wife in Washington and had ceased paying child support after the wife commenced a dissolution proceeding.
Read More About This CaseWASHINGTON: Greenlaw v. Smith, ___ Wash. 2d ___, 869 P.2d 1024 (1994).
Mother and father were divorced in Washington on March 11, 1982. The mother was awarded custody of the parties' child, and the father was awarded reasonable visitation. The father continuously lived in Washington subsequent to the divorce.
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