Question:
My wife and I live in separate states. She filed for divorce in the state she now lives in.
However, that state has no personal jurisdiction over me so it cannot rule on alimony, child support, property division, etc.
How do I notify the court that I am contesting personal jurisdiction?
Answer:
I do not practice in your state so I cannot inform you as to the specific laws.
In order to challenge the court’s attempt to assert personal jurisdiction over you, you can file what is called a limited entry of appearance, also known as a special entry of appearance, for the sole purpose of contesting personal jurisdiction.
You should not seek to have the court do anything other than dismiss the case. If you ask the court for temporary custody, child support, maintenance, etc., you are submitting yourself to the court’s jurisdiction.
You should consult with an attorney who is licensed to practice in your state, and who is experienced in handling domestic litigation, specifically including jurisdictional issues.
Cordell & Cordell has men’s divorce lawyers located nationwide. I urge you to contact one as I do not know all the details of your case and thus cannot provide you with specific legal advice.
To schedule an appointment with a Cordell & Cordell attorney, including William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.
