Friday, June 23, 2006
Case Law Development: Service of Process While Present in the State for Divorce Mediation Can Establish Personal Jurisdiction
The Washington Court of Appeals discusses the propriety of asserting personal jurisdiction on the basis of personal service of process on a divorce litigant while they are present in the state for a divorce mediation. The court rejected the approach of those states that require the defendant be warned that he might be served with process when entering the state for settlement negotiations and held that the Washington court properly had personal jurisdiction over husband on the basis of the personal service and the fact that the couple had owned Washington property during the course of the marriage (though they resided in Ohio).
In re Marriage of Craze, 2006 Wash. App. LEXIS 1279 (June 19, 2006)
Opinion on the web (last visited June 22, 2006 bgf)