As many of us are unfortunately aware, either through personal experiences or anecdotes related by others, military service does not always lend itself to tranquil domestic relations. Extended deployments, frequent permanent moves, and long working hours can all contribute to a troubled marriage. 

It is a sad fact that military members face a disproportionately high rate of divorce, which of course can give rise to related issues of spousal support, child custody, child visitation, and child support. 

With that in mind, the reader might find it helpful to have one of the fundamental principles of the law—the concept of jurisdiction—explained so as to better understand why and how a court may do what it does.  After all, a court may only issue a judgment with regard to divorce, support, or custody if it has the requisite jurisdiction to do so.

Plainly stated, jurisdiction refers to a court’s authority to decide a case and issue a decree.  The question of whether a court has jurisdiction is not always easy to resolve.  In family law cases, the issues can be particularly complex because the courts draw distinctions between jurisdiction over different parts of the same marriage. 

Just because a court is competent to settle who gets the kids, does not mean it can decide how to divide credit card debt. There are thought to be several parts of a marriage: ending the marriage is one issue, spousal support is another, child support is yet another, and child custody is separate still.

Non-lawyers can find this concept especially troublesome, especially when it comes to such emotionally charged topics. Nonetheless, the rules are rigid and do not allow for very much discretion on the part of the judge. Regardless of the personal feelings of the judge, he or she will probably not be able to expand or contract the court’s authority in a given case.

For example, in Washington State, a court may be able to legally end a marriage even if only one of the parties resides here. Similarly, even if neither spouse resides in Washington, but they conceived a child here, a Washington court may dissolve the marriage.

The dissolution decree issued by the judge could then provide for ongoing spousal support, which would normally continue even after both parties have left the state. The inverse of that rule is also true. Washington does not automatically have the jurisdiction to modify a spousal support decree from a divorce granted by another state.

If this does not seem confusing enough, the rules for child custody and child support are even more complex.  On these issues, the United States Congress has gotten involved, with relevant pieces of legislation such as the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), the Parental Kidnapping Prevention Act (PKPA), and the Uniform Interstate Family Support Act (UIFSA) all contributing to alter the jurisdictional analysis that was once the sole province of state courts.

The primary purpose of this article is to alert you to the issue of jurisdiction and to encourage you to seek the advice of an attorney on this issue, even if you intend to do your divorce on your own.

By arming yourself with a basic understanding of the concept of jurisdiction, you will be a better consumer of legal services.  And that will pay off in dividends when it comes to resolving your family law dispute.