Case of the Month

December 2018

Military personnel while serving our country are allowed to designate their home state. It is for purposes of taxation, voter registration etcetera.  The Court of Appeals held that it is not however for all purposes.  Mrs. Rust, who lived in North Carolina with the children, filed for divorce first in North Carolina. Mr. Rust tried to move the case to Texas because it is his designated state of residence. The District Court in Texas declined the case and found North Carolina to be the proper forum. Mr. Rust appealed.  The Court of Appeals found that Mr. Rust  could have been divorced in Texas but the child custody portion of the case is properly handled in North Carolina because that is where the children are and have been since birth and there is subject matter jurisdiction over them in North Carolina only per the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). Therefore, it was proper for the Texas District Court to dismiss the Texas action and require the entire divorce to occur in North Carolina.

Rust v. Rust No. 04-17-00674-CV, 2018 WL 4760157 (Tex. App.- San Antonio 2018, no pet. h.) (mem. op.) (10-03-18)

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