Subject Matter Jurisdiction

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Subject Matter Jurisdiction

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The power of the court to hear and consider the issue.

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Family Code 210

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Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.

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Divisible Divorce

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Status only judgment, without any jurisdiction to issue any other orders

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Jurisdictional requirements
FC 2320

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A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

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Marriage of Dick (1993)

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1. Visa and Immigration rules do not contrl civil residence requirements. National entrance requirements do not preclude access to courts.

2. Dual intention permissible.

3. Federal pre-emption must be specific.

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Sherrer v. Sherrer, U.S. Supreme Court (1948)

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the requirements of full Full Faith and Credit bar a defendant from collaterally attacking a divorce decree on jurisdictional grounds in the courts of a sister State where there has been participation by the defendant in the divorce proceedings, where the defendant has been accorded full opportunity to contest the jurisdictional issues, and where the decree is not susceptible to such collateral attack in the courts of the State which rendered the decree

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Family Code 2091

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A divorce obtained in another jurisdiction shall be of no force or effect in this state if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced.

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Marriage of Purnel (1997)

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1. 28 USC 1360(a): CA has authority to grant disso re Native American Indians in CA

2. Money from tribe Trust cannot be accessed to enforce obligation, but court may account for income from Trust in calculating CS.

3. 25 USC 410: No money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior.

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Marriage of Jacobson (2004)

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1. W argues Tribal custom and policy against paying SS to non-Tribe spouse.

2. 28 USC 1360 (c): Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section.

3. Federal statute does not apply if policy is inconsistent with state law.

3. SS is important public policy.

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Marriage of Zaragoza (1996)

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1. Parties obtained quick disso in Nevada, kept it secret (immigration reasons).

2. H fails to mention prior disso until trial.

3. No rights cannot be waived.

4. W's filing of Petition / H's filing of Response each constituted waivers.

5. CA disso proceeds (judicial economy decision?)

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C.C.P. § 395

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1. In a proceeding for dissolution of marriage, the county where either party has been a resident for three months before commencement of the proceeding is a proper venue.

2. In a proceeding for nullity of marriage or legal separation of the parties, the county where either party resides at the commencement of the proceeding is a proper venue.

3. In a proceeding to enforce an obligation of support under Section 3900 of the Family Code, the county where the child resides is the proper venue.

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C.C.P. § 397(e)
C.C.P. § 397.5

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1. 397(e): Court may transfer venue of disso, nullity or legal separation action to either party's county of residence when "the ends of justice would be promoted." The court may make temporary orders prior to the change of venue.

2. 397.5: If neither party remains in the county where action is filed, the court may transfer venue to either parties' county "when the ends of justice and the convenience of the parties would be promoted." Note: no reference to temporary order in this instance.