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Trial court didn't have personal jurisdiction over serviceman

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The Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal jurisdiction over the husband who was in the military overseas.

In In re: the marriage of Anthony J. Harris v. Teasha J. Harris, No. 49A04-0905-CV-256, Anthony Harris appealed the dissolution decree in which the court ordered custody of their child to his ex-wife, Teasha, that he pay child support and spousal support, and distributed the marital property. The trial court also denied his motion to correct errors.

Anthony is in the military; he and Teasha never lived in Indiana prior to their separation when she moved to Indiana and he was stationed in Germany. He declined to accept voluntary service of her notice of petition to dissolve the marriage in Marion Superior Court. He later filed for divorce and custody in a North Carolina court. Anthony didn't have an attorney for the Marion County proceedings and never attended them. The Indiana and North Carolina courts agreed Indiana would have jurisdiction.

After the dissolution order was entered, Anthony filed a motion to correct errors, which was denied. That was an error, the appellate court concluded because he didn't waive the claim of lack of personal jurisdiction based on his letter declining to accept voluntary service or the fact he was served in North Carolina, wrote Judge Elaine Brown.

The Marion Superior Court had jurisdiction to dissolve the Harrises' marriage, so the appellate court affirmed the decree of dissolution of the marriage. But the court didn't have jurisdiction to adjudicate the incidences of marriage or the child support. Anthony never lived in Indiana at any time during the marriage, so Indiana Trial Rule 4.4(A)(7) didn't apply, nor are there any sufficient contacts with the Marion Superior Court to establish personal jurisdiction over him.

The trial court also erred in making a determination as to custody of their child because it failed to follow the provisions of the Servicemembers Civil Relief Act prior to entering the decree, wrote the judge. In addition, the trial court failed to allow Anthony an opportunity to participate and present facts before the decision on which state had jurisdiction.

The appellate court remanded with instructions to comply with the provisions of the Servicemembers Civil Relief Act in the child custody proceedings and to make a decision on jurisdiction in accordance with the requirements of Indiana's Uniform Child Custody Jurisdiction and Enforcement Act.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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