Recent case: Forum under Uniform Child Custody Jurisdiction Act and in personam jurisdiction

Posted on August 29, 2011 by Kansas City Divorce Attorney Mark Wortman

www.courts.mo.gov/file.jspMissouri Constitution provides subject matter jurisdiction of circuit courts. The Uniform Child Custody Jurisdiction Act provides comity among states and determines which state is the most appropriate forum for seeking remedy. The Circuit court should make findings under those provisions. Rule and statute describe minimum contacts necessary to make a person subject to circuit court jurisdiction. Under those provisions, “liv[ing] in lawful marriage within” Missouri is more than passing through while traveling and appearances to enforce foreign orders. “It is not necessary to stand on your jurisdictional challenges and refuse to participate in the proceedings to preserve your objections to jurisdiction.” Circuit court lacked personal jurisdiction to render appellant liable for child support and marital debts.

The Court held as follows:

(1)The circuit court erred in asserting personal jurisdiction over wife because she and Husband never lived in lawful marriage in the State of Missouri. The circuit court lacked jurisdiction to subject her to an in personam judgment for child support and division of marital property (not within the State). The circuit court, therefore, erred in ordering Wife to pay child support in the amount of $278.00 per month and to pay certain marital debts. The circuit court did, however, have jurisdiction over the status of the marriage and could dissolve it.

(2) The Circuit Court of Clay County had the authority to make the child custody determination in this case under the UCCJA. The record established that the only other state that would have jurisdiction over this matter refused to assert jurisdiction and declined to exercise jurisdiction because Missouri was the more appropriate forum.

(3) The factual record established that the circuit court had the authority to proceed under the UCCJA and to determine the child custody issue. Case remanded to Circuit Court for further proceedings

The entire opinion can be read here

Tags: , , , , , , ,

Grounds for Annulment in Missouri

Posted on August 23, 2011 by Kansas City Divorce Attorney Mark Wortman

Annulment in Missouri is applicable to two distinct categories of challenged marriages:  Those that are void and those that are voidable.  The distinction is that a void marriage is always a nullity, whereas a voidable marriage is valid until a judgment is entered declaring it void.  The Court's of Missouri have declared a strong public policy in favor of marriage, and a presumption in favor of marriage which is one of the strongest presumptions under the law.  This means that in order to get an annulment, the moving party must show "strong, distinct, satisfactory, and conclusive" evidence to support the claim.  In the overwhelming majority of cases, dissolution is the appropriate method to dissolve the marriage rather than annulment.

Grounds for Annulment include:

  • Common law marriage
  • a marriage where one party is under 15 years old (without judicial consent)
  • Marriage between related persons (to the degree prohibited by statute)
  • Marriage where one party lacked mental capacity, including feeble mindedness, insanity, intoxication, and unconsciousness
  • A marriage where one party consented due to duress
  • A marriage between two persons of the same sex
  • A bigamous marriage
  • Fraud, provided that it is essential to the marital relationship, such as sexual impotency or failure to disclose a sexually transmitted disease.   A misrepresentation in and of itself  is not sufficient.
  • Lack of assent

 

Tags: ,