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Johnson v. Johnson9/14/2000
for the benefit of the child's custodian. Hendrickson v. Hendrickson, 1999 ND 37, 10, 590 N.W.2d 220, 223 (citing Schleicher v. Schleicher, 551 N.W.2d 766, 769 (N.D. 1996)). Therefore, any benefit accruing under the alleged contract is for Jessica Clayton's benefit, not for the benefit of Madonna Johnson. Any contractual obligation arising between Jessica Clayton and Antonyio Johnson must be adjudicated between them rather than between Antonyio and Madonna Johnson.
[ ] Although the district court had jurisdiction over the divorce proceedings in this matter, and although it likely had jurisdiction to determine incidental issues relative to the divorce, the district court did not have jurisdiction to adjudicate contract claims of Antonyio Johnson's former step-granddaughter. The facts are clear. Jessica Clayton is not related to Antonyio Johnson. Jessica Clayton and Madonna Johnson were residing in Kentucky prior to this action. The record suggests that neither she nor Madonna Johnson have ever resided in this state. The purported contract arose in New Jersey or Kentucky, and no performance under that contract occurred in North Dakota. Because Jessica Clayton was not a party to the divorce action, and because she did not join the litigation, the district court was without jurisdiction to adjudicate the purported contract claim. I would dismiss the child support claim for lack of jurisdiction.
A.
[ ] The parties married in England in 1986 and resided there until 1987 while both served in the Air Force. The parties lived in New Jersey from November of 1987 through November of 1991. In August of 1990, Antonyio Johnson deployed for participation in the Desert Storm campaign in the Persian Gulf. He was then assigned to the Azores and resided there from November of 1991 until February of 1993. He was stationed in Florida from February of 1993 until May of 1997. He then served in Korea until he was assigned to the Grand Forks Air Force Base in May of 1998.
[ ] Madonna Johnson and Antonyio Johnson had not lived together since Antonyio was assigned to his tour in Korea. Madonna Johnson retired from military service in February of 1992. The record and briefs of the parties indicate Madonna Johnson moved to Louisville, Kentucky, following her retirement and while Antonyio Johnson was stationed in Korea. In July of 1998, after his assignment to the Grand Forks Air Force Base, Antonyio Johnson filed for divorce in the district court in Grand Forks. The district court tried the case on March 3, 1999.
B.
[ ] Our divorce statutes require that a party seeking a divorce reside in this state for six months preceding commencement of an action for divorce. N.D.C.C. ยง 14-05-16. Alternatively, "a divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of divorce." Id. Antonyio Johnson resided in North Dakota from June of 1998 until the district court entered a divorce decree in March of 1999, and he therefore satisfied the statutory residency requirement.
[ ] The record, however, reflects that Madonna Johnson has never resided in North Dakota. This state has long recognized the divisible divorce doctrine which allows dissolution of a marriage as an in rem proceeding affecting the marital status without regard to adjudication of the incidences of divorce. As stated in Smith v. Smith, 459 N.W.2d 785, 787 (N.D. 1990):
Divorce proceedings typically contain two principal components: (1) the dissolution of the marital status, and (2) the adjudication of the incidences of the marriage. The "divisible divorce" doctrine recognizes that each of these co
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 North Dakota Personal Injury Attorneys
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