Montalvo v. U.S. Title and Closing Services, LLC
Divorce court lacked jurisdiction to transfer husband’s interest In Real estate because husband was not personally served and did not appear in the proceedings.
Divorce court lacked jurisdiction to transfer husband’s interest In Real estate because husband was not personally served and did not appear in the proceedings.
Traditional personal jurisdiction is not required in child custody proceedings. The status exception to the personal jurisdiction requirements in the UCCJA provides a basis of exercising jurisdiction in child custody cases.
§801.05(1)(d) Wis. Stats. is not limited to business or employment related activities.
The UCCJA may confer subject matter in custody disputes, but that does not establish, in and of itself, a sufficient basis for personal jurisdiction over a nonresident defendant in a paternity proceeding.
Once a defendant registers an objection to jurisdiction, plaintiff has the burden to establish jurisdiction.
While Wisconsin court had to give full faith and credit to Alabama divorce, the Alabama judgment only dissolved the marriage, it did not address maintenance or property. Where court of another state does not address an issue, Wisconsin courts have equitable jurisdiction.
Wisconsin paternity action not barred on ground of full faith and credit to Kentucky divorce because Kentucky law would allow collateral attack to presumption of paternity.
Court has personal jurisdiction over mother where she has notice and opportunity under UCCJA.
Waiver of first appearance form signed by respondent is a responsive pleading and waives personal jurisdiction.
Court had personal jurisdiction over putative father by having act of intercourse within the state, even though Wisconsin may not have been the state of conception.
Where child was conceived in Florida, and father’s only contact with Wisconsin was one visit where he merely called the mother, Wisconsin did not have personal jurisdiction under the long arm statute.
(1) Finding of residency affirmed. (2) Letter to court requesting a stay of proceedings served as an appearance and waived personal jurisdiction.
Personal jurisdiction, once established in a divorce proceeding, continues for subsequent proceedings to modify judgment.
Visitation in Wisconsin is sufficient to establish substantial contacts in state and allow personal jurisdiction.
General appearance is consent to court’s jurisdiction for all purposes, including division of military pension.
To establish personal jurisdiction, due process demands that there be a sufficient connection between the defendant and the forum state.
Trial court lacked personal jurisdiction over husband to set child support, since parties never lived together in Wisconsin.
(1) Six consecutive month rule is sufficient minimum contact to establish in personam jurisdiction. (2) Residence is the same as domicile – there are two requirements, first, that there be physical abandonment of the old residence and second that there be an intent to establish a new residence.