CASE in the United States- Respondent (Albert) is making a special appearance to contest jurisdiction. Discuss Subject
Question:
CASE in the United States- Respondent (Albert) is making a "special appearance" to contest jurisdiction.
Discuss Subject Matter Jurisdiction, In-rem Jurisdiction, and Personal Jurisdiction. Address each area of jurisdiction for the following areas: dissolution, child support, spousal support, property division of assets, and attorney's fees.
Please cite appropriate statutes and case law for each topic area.
Albert Super and Carla Super married 15 years ago in Watsonville, California. They have three children, Doreen age 11, Edgar age 8, and Frank age 6. Albert and Carla met 6 months before they married, while Albert, then an officer in the Navy, was attending graduate school at the Naval Postgraduate School in Monterey. Albert was born and raised in Colorado. Carla was born and raised in Watsonville, where her parents still live. Carla was working at a publishing company in Santa Cruz when they met. After they married, the parties rented an apartment in Monterey and lived there for two years. None of the parties' three children was conceived in California.
13 years ago, after Albert finished his studies at the Naval Postgraduate School, he received orders for Virginia. Albert and Carla moved to Virginia at that time and bought a house in Virginia, which they still own. After living in Virginia for three years, the family moved to Texas for two years, then to Germany for two years, then to North Carolina for two years, and then back to Virginia, where they resumed residence in the house they owned.
Albert retired from the Navy four years ago. He took a job with a computer security firm, HackNot. HackNot's principal office is in Richmond, Virginia, and they have branch offices in New York and Los Angeles. Carla was primarily a homemaker during the marriage, although she did work part-time as an administrative assistant off and on.
During the marriage, Albert and Carla traveled to California to visit Carla's family for vacations two or three times a year. Albert's job with the computer security firm takes him to meetings four to six times a year at the company office in Los Angeles. Three years ago, Carla and the children accompanied Albert on one of his business trips to Los Angeles. Carla and the children visited Disneyland and other sights while Albert attended his meetings. After the business meeting was over the whole family traveled up the coast to Watsonville and stayed with Carla's parents for several days. The last time Albert attended a business meeting in Los Angeles was in April of this year, after two years of virtual meetings during the pandemic. These are the only times Albert has been in California since he left the Naval Postgraduate School.
Albert has earned a military pension and he has a 401K with his company. The parties have a brokerage account with a national company and two bank accounts with a
Virginia based bank. Carla took one of the family cars with her to California where it is now registered in her name. The other car is in joint names and has Virginia plates. Albert is registered to vote in Virginia and he has a Virginia driver's license. When Albert was stationed in Monterey, he was registered to vote in California and he had a California driver's license.
Last August, Carla learned that Albert was having an affair. She and the children traveled to Watsonville to stay with her parents. After a few weeks in Watsonville, Carla informed Albert that she intended to stay in California and enroll the children in school there. Albert was not happy about it but he did not object.
Albert continues to reside in the family residence in Virginia. The children visited with Albert in Virginia during the second half of the Christmas vacation this past year. Last September, Carla moved into a rental in the Monterey County part of Watsonville. She works as an administrative assistant for a local agricultural company.
Two months ago, Carla filed a petition for dissolution of marriage in Monterey County Superior Court, requesting dissolution, child custody and visitation orders, child support, spousal support, division of property and attorney's fees.
Albert was served in Virginia last month. A few days after being served with the California petition and summons, Albert filed and served a divorce action in Virginia. He has filed a motion to quash service of the summons in the California proceeding.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts