Legal Question in Family Law in South Dakota
False Jurisdiction
I am a resident of UAE. Our marriage was performed in India. My wife has filed for a divorce from South Dakota though she is a tourist in the United States. The address she has used is to misrepresent the court. Can I get the case dismissed based on jurisdiction?
5 Answers from Attorneys
Re: False Jurisdiction
defend yourself in court. as far as jurisdiction is concerned the court is the authority to dismiss if there is no jurisdiction.
Re: False Jurisdiction
A visitor annot seek divorce in USA under Hindu Marriage Act more particularly when one party lives out of that country. You must take an objection with regard to jurisdiction on the ground that your wife is a mere visitor there; and also on the ground that the marriage can be annulled only under Hindu Marriage Act by court having jurisdiction under that Act.
Re: False Jurisdiction
good afternoon
no you can dismiss the case on the basis of jurisdiction
Re: False Jurisdiction
Defend yourself. It is court to see whether the court has jurisdiction. You have satisfied the court that the court has no jurisdiction
Re: False Jurisdiction
if they have admitted the case then there must be some reason to it.
without seeing the documents i can not advice on US laws.
u can get the case dismissed for producing wrong facts.