Jurisdiction in International Divorce Cases
When one party in a divorce case resides in another country, the issue of jurisdiction becomes crucial. Jurisdiction refers to the authority of a court to hear and decide a case. In North Dakota, the rules governing jurisdiction in divorce cases are outlined in the North Dakota Century Code.
Jurisdiction Over Foreign Parties
According to the North Dakota Century Code, a tribunal of North Dakota may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country (14-12.2-08). This means that if your ex-spouse files for divorce in their home country before you file in North Dakota, the foreign court may have jurisdiction over the case.
However, there are exceptions to this rule. For instance, if the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order, a North Dakota court may assume jurisdiction (14-12.2-08).
Service of Process in Foreign Countries
Service of process refers to the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party. In international cases, service of process can be achieved by any internationally agreed means of service that is reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. If there is no internationally agreed means, or if an international agreement allows but does not specify other means, service can be achieved by a method that is reasonably calculated to give notice, as prescribed by the foreign country’s law for service in that country in an action in its courts of general jurisdiction.
Jurisdiction Over Child Custody
In cases involving child custody, North Dakota courts may exercise jurisdiction if the child’s home state is North Dakota, or if the child and at least one parent or a person acting as a parent have a significant connection with North Dakota other than mere physical presence (14-14.1-18 or 14-14.1-19).
Personal Jurisdiction Over Foreign Parties
Under North Dakota law, a court may exercise personal jurisdiction over a person who engages in any activity, including cohabitation or sexual intercourse, within the state. This means that if your ex-spouse has had significant contacts with North Dakota, a court in the state may be able to exercise jurisdiction over them, even if they currently live in another country.
In conclusion, if your ex-spouse lives in another country, the jurisdiction over your divorce case will depend on several factors, including where the divorce petition was first filed, the home state of the child (if applicable), and the extent of your ex-spouse’s contacts with North Dakota. It is advisable to consult with a legal professional to understand how these rules apply to your specific situation.