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Litigation
Personal vs. Status Jurisdiction in Louisiana
Under Louisiana law, there is a distinction between an exception to lack of personal jurisdiction and status jurisdiction. A court can have status jurisdiction over a divorce even if it does not have personal jurisdiction over one spouse. Watkins v. Watkins, No. 37,906-CA, Louisiana Court of Appeal, Second Circuit, Dec. 10, 2003.
The husband and wife were married in Mississippi in 1988 and resided in the state until they physically separated on or about Jan. 1, 2002. In March of that year, a Mississippi court entered a temporary support order entitled “Nancy R. Watkins v. John Williams Watkins,” requiring the husband to pay temporary support to the wife until a divorce was final. Thereafter, the husband filed a complaint for a divorce bearing the same docket number, but entitled “John W. Watkins v. Nancy R. Watkins.” In November 2002, the court dismissed that complaint, and, on the same day, the husband filed a petition seeking a divorce in Louisiana, claiming he was a resident of the state.
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