Section 27.7 Jurisdiction

• Library: Family Law Deskbook and 2014 Supp

1. (§27.7) Jurisdiction

A failure to properly verify a petition for registration of a foreign judgment will render the court powerless to act because of lack of subject matter jurisdiction. Lack of subject matter jurisdiction cannot be waived. Am. Indus. Res., Inc. v. T.S.E. Supply Co., 708 S.W.2d 806 (Mo. App. E.D. 1986).

The issue of domicile is a jurisdictional fact in an action for dissolution of marriage. Unless the issue of domicile is fully determined, with both parties present in the state that originally rendered the divorce decree, the court of the state where enforcement is sought may make an independent assessment as to the existence of domicile. Williams v. State of N.C., 325 U.S. 226 (1945). Unless in personam jurisdiction over both parties is obtained, Missouri courts are...