Family Law Commons^™

Some Problems In Jurisdiction To Divorce, James L. Parks

University of Missouri Bulletin Law Series

The American Law Institute in its Restatement of the Conflict of Laws has codified the rules governing jurisdiction of a court to grant a divorce, where no personal jurisdiction of the defendant is obtained, as follows: "A state cannot exercise through its courts jurisdiction to dissolve the marriage of spouses of whom one is domiciled within the state and the other is domiciled outside the state, unless the spouse who is not domiciled in the state (a) has permitted the other spouse to acquire a separate home; or by his misconduct has ceased to have the right to object to …