LRB-2914/1
RPN&PJK:jlg:mrc
1999 - 2000 LEGISLATURE
June 24, 1999 - Introduced by Senator Burke, cosponsored by Representative
Bock. Referred to Committee on Judiciary and Consumer Affairs.
SB202,1,1
1An Act to amend 801.07 (5) of the statutes;
relating to: jurisdiction in divorces.
Analysis by the Legislative Reference Bureau
In Mendez v. Hernandez-Mendez, 213 Wis. 2d 217 (Wis. App. 1997), the court
of appeals held that although the petitioner in the divorce action commenced in
Wisconsin obtained personal service on the respondent who lived in Mexico, the court
lacked the grounds for personal jurisdiction. The court found that the respondent
had never been in Wisconsin and had no contacts with Wisconsin, so there were no
minimum contacts necessary to obtain personal jurisdiction over the respondent,
and dismissed the petition for a divorce.
This bill overrules that decision by providing that a court may determine if a
divorce may be granted between parties when the respondent has been properly
served without requiring the court to have grounds for personal jurisdiction over the
respondent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB202, s. 1
2Section
1. 801.07 (5) of the statutes is amended to read:
SB202,2,43
801.07
(5) When the action is an action affecting the family under s. 767.02 (1)
4(a) to (d) and when the residence requirements of s. 767.05 (1m) have been met, a
5court having subject matter jurisdiction may exercise jurisdiction quasi in rem to
1determine questions of status if the respondent has been served under s. 801.11 (1).
2Notwithstanding s. 801.11 (intro.), the court need not have grounds for personal
3jurisdiction under s. 801.05 in order to make a determination of the status of a
4marriage under this subsection.
