## Facts

- Wesley W. Von Schack and Mary Mulhearn Von Schack married in New York in 1976 and lived in New York and Pennsylvania during the marriage.
- They had one child, born November 1, 1991.
- In May 2004, Wesley moved to Maine for an executive position; Mary and the child remained out of state, and Mary had no contacts with Maine.
- After living in Maine for six months, Wesley filed for divorce in Maine District Court (West Bath) on November 5, 2004, and served Mary in New York in January 2005.
- Mary moved to dismiss, asserting (1) forum non conveniens, (2) lack of personal jurisdiction, and (3) lack of in rem jurisdiction over marital property.
- The trial court denied dismissal, found it lacked personal jurisdiction over Mary, and therefore declined to divide property or award spousal/child support; it also declined to decide parental rights because Maine was not the child’s home state under the UCCJEA.
- The court granted a divorce dissolving the marriage only and left collateral issues for another jurisdiction.
- Mary appealed, arguing due process required personal jurisdiction over her before Maine could dissolve the marriage.

## Issues

1. Whether the Due Process Clause requires a Maine court to have personal jurisdiction over a nonresident spouse to enter a judgment dissolving the marriage when the court does not adjudicate property division, support, or parental rights.

## Decision

- The Supreme Judicial Court of Maine affirmed the divorce judgment.
- The court held that personal jurisdiction over the nonresident spouse is not constitutionally required to dissolve the marriage based on the resident spouse’s domicile, so long as the judgment addresses only marital status.
- The court approved the trial court’s refusal to decide support, property division, or parental rights absent personal jurisdiction (and, for custody, absent UCCJEA home-state jurisdiction).
- The court found no abuse of discretion in rejecting the forum non conveniens argument given the limited, status-only relief.

## Legal Principles

- Divorce may be “divisible”: a court may adjudicate the in rem aspect of marital status based on the domiciliary state’s interest in its resident spouse, without personal jurisdiction over the absent spouse.
- In personam determinations that impose obligations or affect the nonresident spouse’s rights (e.g., spousal support, child support, property division) require personal jurisdiction consistent with due process.
- Child custody jurisdiction is governed by the UCCJEA; absent home-state (or other statutory) jurisdiction, a court should not determine parental rights and responsibilities.

## Conclusion

A Maine court may dissolve a marriage based on the plaintiff’s Maine residency without personal jurisdiction over the nonresident defendant, provided the judgment is limited to terminating marital status and does not decide support, property division, or parental rights.


Von Schack v. Von Schack, 893 A.2d 1004 (Me. 2006)