1. Motions to Dismiss: Pleadings:
Appeal and Error. A district court's grant of a
motion to dismiss on the pleadings is reviewed de novo,
accepting the allegations in the complaint as true and
drawing all reasonable inferences in favor of the nonmoving
Judgments: Jurisdiction: Appeal and Error.
Determination of a juris-dictional issue that does not
involve a factual dispute is a matter of law which requires
an appellate court to reach its conclusions independent from
a trial court.
Jurisdiction: Divorce. Under the doctrine of
divisible divorce, divorce proceedings contain two principal
components: (1) the dissolution of the marital status and (2)
the adjudication of the incidences of the marriage.
Jurisdiction: Divorce: Child Support:
Alimony. The divisibility doctrine holds that while
a state court may have jurisdiction over the marriage to
dissolve it, that same court may lack personal jurisdiction
to adjudicate personal matters such as support or alimony.
Jurisdiction: Divorce. The dissolution of
the marital status is generally considered an in rem
proceeding where the marriage is the res adjudicated.
Jurisdiction: States. In rem proceedings
require minimum contacts between a person's interest in
the res adjudicated and the forum state.
Jurisdiction: States: Domicile. Because
states have a strong interest in the marital status of their
residents, a marriage has sufficient contacts with a state to
justify that state's exercise of jurisdiction over it
when one spouse has established a domicile therein.
__:__:__. A nonresident spouse's absence does not
diminish a state's interest in, or contacts with, the
resident spouse's marriage, even [25 Neb.App. 758] if the
nonresident spouse has never traveled to the resident
spouse's new state.
Due Process: Jurisdiction: States: Domicile: Service
of Process. If the resident spouse has established a
bona fide domicile in a state and his or her service on the
nonresident spouse satisfied procedural due process, the
state has jurisdiction to adjudicate the resident
spouse's marital status.
Divorce: Actions: Domicile: Words and
Phrases. The language of Neb. Rev. Stat. §
42-349 (Reissue 2016) requiring an "actual residence in
this state" means that one party is required to have a
bona fide domicile in Nebraska for 1 year before commencement
of a dissolution action.
Domicile: Intent: Words and Phrases.
Domicile is obtained only through a person's physical
presence accompanied by the present intention to remain
indefinitely at a location or site or by the present
intention to make a location or site the person's
permanent or fixed home.
Domicile: Intent. The absence of either
presence or intention thwarts the establishment of domicile.
Domicile. Once established, domicile
continues until a new domicile is perfected.
Jurisdiction: Words and Phrases. Personal
jurisdiction is the power of a tribunal to subject and bind a
particular entity to its decisions.
Due Process: Jurisdiction: States. Before a
court can exercise personal jurisdiction over a nonresident
defendant, the court must determine, first, whether the
long-arm statute is satisfied and, if the long-arm statute is
satisfied, second, whether minimum contacts exist between the
defendant and the forum state for personal jurisdiction over
the defendant without offending due process.
__:__:__. When a state construes its long-arm statute to
confer jurisdiction to the fullest extent permitted by the
Due Process Clause, the inquiry collapses into the single
question of whether exercise of personal jurisdiction
comports with due process.
__: __ . Due process for personal jurisdiction over a
nonresident defendant requires that the plaintiff allege
specific acts by the defendant which establish that the
defendant had the necessary minimum contacts before a
Nebraska court can exercise jurisdiction over a person.
Jurisdiction: States. When considering the
issue of personal jurisdiction, it is essential in each case
that there be some act by which the defendant purposely
avails himself or herself of the privilege of conducting
activities within the forum state, thus invoking the benefits
and protections of its laws.
Neb.App. 759] 19. Due Process:
Jurisdiction: States. The benchmark for determining
whether the exercise of personal jurisdiction satisfies due
process is whether the defendant's minimum contacts with
the forum state are such that the defendant should reasonably
anticipate being haled into court there.
Jurisdiction: Words and Phrases. Subject
matter jurisdiction deals with a court's ability to hear
a case; it is the power of a tribunal to hear and determine a
case of the general class or category to which the
proceedings in question belong and to deal with the general
subject matter involved.
Motions to Dismiss: Pleadings. To prevail
against a motion to dismiss for failure to state a claim, a
plaintiff must allege sufficient facts to state a claim to
relief that is plausible on its face.
Actions: Pleadings. Civil actions are
controlled by a liberal pleading regime; a party is only
required to set forth a short and plain statement of the
claim showing that the pleader is entitled to relief.
Rules of the Supreme Court: Pleadings.
Dismissal under Neb. Ct. R. Pldg. § 6-1112(b)(6) should
be granted only in the unusual case in which a plaintiff
includes allegations that show on the face of the complaint
that there is some insuperable bar to relief.
from the District Court for Sarpy County: George A. Thompson,
Judge. Affirmed in part, and in part reversed and remanded
for further proceedings.
Stephanie Weber Milone, of Milone Law ...