Von Schack v. Von Schack

893 A.2d 1004 (2006)

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Nature of the Case

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Facts

Mary Mulhearn Von Schack (W) and Wesley W. Von Schack (H) were married in New York State in 1976 and have one daughter who was born on November 1, 1991. They lived in Pennsylvania and New York when they were a couple. H moved to Maine in May 2004 to take a position as an executive in a corporation with offices in Maine. W has no contacts with Maine whatsoever. H filed a divorce complaint in the Maine District Court on November 5, 2004, after living in Maine for six months. H had the complaint served on W personally in New York. W moved to dismiss the complaint on the grounds that Maine was not a convenient forum and the court lacked personal jurisdiction over her and lacked in rem jurisdiction over the parties' property. The court denied her motion to dismiss. The court concluded first, that it could not grant any relief regarding parental rights and responsibilities because Maine was not the home state of the parties' child for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, 19-A M.R.S. §§ 1731-1742 (2005), and second, that because it lacked personal jurisdiction over W, it could not award support or divide property. It reasoned, however, that 'the District Court has original jurisdiction over the dissolution of the parties' marriage and can enter an order regarding any real property in Maine.' The court divorced the parties and left all property, spousal support, and parental issues to be litigated in a jurisdiction 'that might have personal jurisdiction over both the parties and jurisdiction over the minor child.' W appealed.