Litigation

No personal jurisdiction over a spouse exists where, at best, the parties maintained a marital residence in the state 13 years prior to the commencement of the divorce action and where the parties claimed a residence in another state as their primary residence on the parties' joint tax returns. Senhart v. Senhart, Index No. 44657/03, 2004-10197, Supreme Court of New York, Appellate Division, Second Department, May 16, 2005.

The parties were married in Florida in 1976. In 1981, the parties rented an apartment in New York, which they then purchased in 1982. Meanwhile, the husband continued to maintain a residence in Florida. The parties' child attended school in New York from 1983 through 1986. In 1989, the wife sold the first New York apartment and purchased another apartment in New York, where she resided until 1990, when she sold that apartment. The wife rented another apartment from 1990 through 1995. In 1995, she purchased a home in New York. Meanwhile, the husband continued to spend 75% of his time in Florida and the parties' joint tax returns reflected Florida as their primary residence. In 2003, the wife commenced an action for divorce in New York and the husband moved to dismiss for lack of personal jurisdiction. The trial court denied the husband's motion, but the appellate court reversed and dismissed the wife's action for lack of personal jurisdiction over the husband. It held that the husband did not maintain sufficient minimum contacts with New York to find personal jurisdiction. It held that the evidence was insufficient to establish that the parties' matrimonial domicile was New York because, at best, the parties maintained a marital domicile in New York 13 years prior to the commencement of the action and that the parties' joint tax returns reflected Florida as their matrimonial domicile.