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Current Trends in Long-Arm Jurisdiction
Particularly in these times when many people have had to travel out of state just to become or remain employed, an important but overlooked aspect of matrimonial law practice remains personal jurisdiction.
It is well established that personal jurisdiction is not required to dissolve the marriage or issue custody orders, (courts generally consider custody quasi in rem, see In re Marriage of Schuham, 458 N.E.2d 559 (Ill. App. Ct. 1983)). However, personal jurisdiction is required to fully adjudicate property and support rights. In addition to constitutional limits, states employ long-arm statutes to determine whether causes of action fall within their jurisdiction. With respect to matrimonial cases, these statutes usually require maintenance in the state of a matrimonial domicile at the time the cause of action arose, or the commission in the state of any act giving rise to the cause of action. This can be difficult to determine, particularly with no-fault grounds now being the primary means of divorce. With respect to parentage actions, generally conception or acts in the state which could cause conception, as well as failure to support a child within the state (or directing the child to reside in the state), can provide long-arm jurisdiction in those cases. Also as explained below, amendments to these long-arm statutes have changed the way courts analyze and decide jurisdictional issues.
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