Divorce Race, Child Custody, and Support Across Two States
Wife and Husband married eight years and lived in State Y for ten years. Seven months ago Wife moved with their child, age 6, to State X. The child had lived in State Y since birth. Wife files for divorce in State X, which requires six months of domicile before filing. She seeks temporary support and custody. One week later Husband files for divorce and custody in State Y, where the parties last lived as a family. Husband has never lived, worked, or owned property in State X; he has visited Wife and child there twice for weekends. State X has no long-arm statute applicable to family support. Wife personally served Husband in State Y. Husband moves to dismiss the State X case for lack of jurisdiction. Wife argues that State X is the child's home state and that Husband consented to jurisdiction by visiting. The court must decide whether to proceed.
1. Does State X have jurisdiction to dissolve the marriage and to order Husband to pay support?
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State X may have jurisdiction to dissolve the marriage but not to order Husband to pay support. A court has jurisdiction to grant a divorce if one spouse is domiciled in the state. Wife moved to State X seven months before filing and meets the six-month domicile requirement, so State X can dissolve the marriage, even if Husband never lived there; that is an ex parte divorce. But a support order requires personal jurisdiction over Husband. Husband has never lived, worked, or owned property in State X. His two weekend visits to see Wife and child are not continuous and systematic contacts, and State X has no applicable long-arm statute. Serving Husband in State Y does not create personal jurisdiction. Therefore, State X lacks personal jurisdiction over Husband for support. Wife may need to seek support in State Y or where Husband has contacts.
2. Which state has home-state jurisdiction over custody under the UCCJEA?
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State X is the child's home state under the UCCJEA. The home state is the state where the child lived with a parent for at least six consecutive months immediately before the commencement of the proceeding. The child moved to State X seven months before Wife filed and lived there with Wife continuously. Therefore, State X has home-state jurisdiction. State Y was the child's previous home state, but it loses priority once the child has lived in State X for six months. Husband's filing one week later does not change the analysis. State Y could exercise significant-connection jurisdiction only if State X declines jurisdiction or if no court has home-state jurisdiction. The fact that the move occurred without a custody order does not make it wrongful. State X should not decline merely because Husband remains in State Y.
3. How should the courts handle the simultaneous filings?
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Because both cases are pending, the UCCJEA's priority rules control. A court of the home state has priority over a court of another state. State X is the home state, so it should proceed. State Y must dismiss or stay its custody proceeding once it learns of the State X case, unless State X declines jurisdiction. For the divorce, the first-filed rule is not absolute; State X can dissolve the marriage based on Wife's domicile, but it cannot adjudicate support without personal jurisdiction. State Y may have personal jurisdiction over Husband and could address support and property division. The two states should coordinate to avoid inconsistent orders. Wife's argument that Husband consented by visiting is weak; occasional visits are not consent to general jurisdiction. The State X court should dismiss the support claim but retain the divorce and custody matters.