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Johnson v. Johnson9/14/2000
mponents have "distinct and separate jurisdictional foundations." (citing Hall v. Hall, 585 S.W.2d 384, 385 (Ky. 1979)).
Marital dissolution is an in rem proceeding that allows a court to change the marital status "even when only one party to the marriage is a resident of the state in which the court is located." Id. (citations omitted).
[ ] However, "meeting the jurisdictional requirements to sever the marital status itself `does not necessarily grant the court the authority to adjudicate the related inciden of the marriage.'" Id. at 788 (citing Byzewski v. Byzewski, 429 N.W.2d 394, 397 (N.D. 1988)).
1.
[ ] "A court has personal jurisdiction over a person if the person has reasonable notice that an action has been brought and sufficient connection with the forum state to make it fair to require defense of the action in the state." Larson v. Dunn, 474 N.W.2d 34, 38-39 (N.D. 1991) (citing Smith, 459 N.W.2d 785 (N.D. 1990)). Personal jurisdiction is obtained by the court if "there exists certain minimum contacts" such as satisfaction of a statutory "long-arm" provision or by a nonresident's failure to object to the assertion of personal jurisdiction. Smith, 459 N.W.2d at 789. Personal jurisdiction, unlike subject matter jurisdiction, can therefore be waived. Larson, 474 N.W.2d at 39.
[ ] In this case, the record reflects no objection by Madonna Johnson to the district court exercising personal jurisdiction over this divorce . To preserve a personal jurisdiction argument, a party must object to the court's jurisdiction and specially appear to contest the jurisdiction. N.D.R.Civ.P. 12(b). Once a party makes a voluntary appearance, without asserting the lack of personal jurisdiction, the court may proceed to adjudicate the matter before it. Larson, 474 N.W.2d at 39. Here there apparently was no objection to the court's personal jurisdiction over Madonna Johnson, thus the district court had personal jurisdiction to adjudicate claims between Antonyio and Madonna Johnson.
2.
[ ] On the other hand, " ubject matter jurisdiction cannot be conferred by the parties' agreement, consent, or waiver." Id. "A judgment or order entered without the requisite jurisdiction is void." Id. Subject matter jurisdiction allows a court to try an action "if the constitution and laws authorize that court to hear the type of cases to which the particular action belongs." Id. at 38 (citations omitted). District courts in North Dakota have broad jurisdictional authority, including authority to decree a divorce . N.D.C.C. ยงยง 27-05-06, 14-05-01 (2).
[ ] By obtaining personal jurisdiction over Madonna Johnson, the district court was also able to adjudicate the incidences of the marriage, including spousal support and property distribution. "`Before adjudicating the incidences of the parties' marriage,' a trial court `is required to obtain in personam jurisdiction over both [of the spouses].'" Smith, 459 N.W.2d at 788 (citations omitted). If personal jurisdiction had not been obtained over Madonna Johnson, the district court could only have dissolved the marriage; it could not have adjudicated matters of spousal support, property distribution, and the like. Id. at 788-89 (citations omitted). Because there appears to be no objection to personal jurisdiction, the district court additionally had subject matter jurisdiction over the incidences of the divorce .
[ ] Notwithstanding the district court's personal and subject matter jurisdiction to adjudicate the claims between Antonyio and Madonna Johnson, the record suggests there was neither personal nor subject matter jurisdiction to adjudicate Jessica Clayton's purported contract claim.
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