Does a state court have jurisdiction to adjudicate upon a marital status when neither is domiciled within the state?

California, United States of America


The following excerpt is from Del Rayo Estates Homeowners Ass'n v. Lingenbrink, D070175 (Cal. App. 2017):

15. "Familiar to all lawyers are such examples as these: A state court has no jurisdiction to determine title to land located outside its territorial borders, for the subject matter is entirely beyond its authority or power. . . . A court has no jurisdiction to adjudicate upon the marital status of persons when neither is domiciled within the state. [Citations.] A court has no jurisdiction to render a personal judgment against one not personally served with process within its territorial borders . . . . A court has no jurisdiction to hear or determine a case where the type of proceeding or the amount in controversy is beyond the jurisdiction defined for that particular court by statute or constitutional provision." (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 288, citations omitted (Abelleira), quoted in In re Reno (2012) 55 Cal.4th 428, 478, fn. 22.)

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