Post: Revoking Jurisdiction
Posted by Curiouser&Curiouser on 12/10/07
I've got a friend who's getting divorced. He's military,
and the wife left him a few years ago and moved back to the
foreign country she was from (though she is an American
citizen now.)
So my friend filed in Nevada where he's stationed. The wife
was served in Nevada, and her attorney answered granting
jurisdiction over her and their property, but not the kids.
Next her attorney said that his client wanted to settle, so
my friend and his attorney put together a very generous
settlement package offering the wife much more than she
would be entitled to if the court split the estate.
They got back a two line letter stating that 1) the wife
rejected the offer in its entirety; and 2) there was no
jurisdiction over the wife, property, etc. So this festered
for a while. Meanwhile my friend's attorney filed a motion
addressing the jurisdiction issue and a few others, and
getting a trial date. The other lawyer failed to answer by
the filing deadline, but a few weeks later there is a
motion to dismiss for lack of jurisdiciton.
I've been watching this. My friend sometimes asks me
questions because I have some legal training (enough anyway
to tell him to go ask his lawyer - and none anyway in
family law.) So, I have NEVER SEEN ANYTHING LIKE THIS.
What I'm really curious about is:
1.) Is it possible to grant jurisdiction and then revoke
it? And if so....
2.) Based on these facts, is there any way in h*** it could
be possible to grant jurisdiction and then revoke it?
If the answer is yes, I think any shred of faith I had left
in the legal system will be destroyed. Maybe I'll head for
lawless Somalia instead.
Posts on this thread, including this one
- Revoking Jurisdiction, 12/10/07, by Curiouser&Curiouser.
- Re: Revoking Jurisdiction, 12/15/07, by sharwinsotn.