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341 W 2nd St, Ste 4, San Bernardino, CA 92401

“An action for dissolution, nullity, or legal separation must be filed in a court with jurisdiction to hear the action, and in the proper county. In its most fundamental or strict sense, lack of jurisdiction means the entire absence of power of a court to hear or determine the case—that is, an absence of authority over the subject matter or the parties. [In re Marriage of Hinman, 6 Cal. App. 4th 711, 8 Cal. Rptr. 2d 245 (1st Dist. 1992)] In the context of actions for dissolution, nullity, or legal separation, jurisdiction has three essential components: subject matter jurisdiction, in rem jurisdiction, and personal jurisdiction. Fam. Code, § 200 provides that the superior court has jurisdiction in proceedings under the Fam. Code. This includes jurisdiction over actions for nullity, dissolution, and legal separation (Fam. Code, §§ 2000 et seq.), child and spousal support (Fam. Code, §§ 3500 et seq.; Fam. Code, §§ 4900 et seq., property division (Fam. Code, §§ 2500 et seq.), child custody proceedings not within the province of the juvenile court under the Welfare and Institutions Code (Fam. Code, §§ 3000 et seq.; Welf. & Inst. Code, §§ 300 et seq.), adoption (Fam. Code, §§ 8500 et seq.), domestic violence (Fam. Code, §§ 6200 et seq.), and paternity (Fam. Code, §§ 7500 et seq.), family conciliation court proceedings (Fam. Code, §§ 1800 et seq.; Proceedings under the Emancipation of Minors Law (Fam. Code, §§ 7000 et seq.), among others. “Jurisdiction” to adjudicate matters in a marital case involves three requirements: (1) that the court have authority to adjudicate the specific matter raised by the pleadings; (2) that the court have in rem jurisdiction over the marital res to terminate marital status; and (3) that the court have jurisdiction over the parties to adjudicate personal rights and obligations. [In re Marriage of Thompson, 74 Cal. App. 5th 481, 289 Cal. Rptr. 3d 545 (3d Dist. 2022)] Once jurisdiction over the parties is acquired in a marital case, a court in California may adjudicate rights to land located in other states. [In re Marriage of Thompson, 74 Cal. App. 5th 481, 289 Cal. Rptr. 3d 545 (3d Dist. 2022)]”

[California Civil Practice Family Law Litigation [certain citations omitted]]

Post Author: lawofficesofjamesrdickinson