Section 27.3 Jurisdiction—Domicile

LibraryFamily Law Deskbook and 2014 Supp

A. (§27.3) Jurisdiction—Domicile

Authority to grant a divorce is based on domicile. Each state has the right to determine the marital status of its own residents. If the petitioning spouse is domiciled within the state’s borders, the state may issue a valid decree of divorce as long as the other spouse is provided constitutionally adequate notice and an opportunity to be heard. Williams v. State of N.C., 317 U.S. 287 (1942) (Williams I); Coffey v. Coffey, 71 S.W.2d 141 (Mo. App. E.D. 1934).

The Supreme Court of the United States again emphasized domicile as the jurisdictional prerequisite for...

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