Divorce - Lack of Subject-Matter Jurisdiction


Mendia v. Encarnacion, [Ms. 2170509, Oct. 26, 2018] __ So. 3d __ (Ala. Civ. App. 2018). This unanimous decision by Judge Pittman directs the Dale Circuit Court to vacate a judgment of divorce entered by default. The court found subject-matter jurisdiction lacking because no jurisdictional facts were established by evidence in the record. Under settled law, “jurisdictional facts must be established by the evidence in order for a trial court to enter a valid judgment of divorce ....” Ms. *11.

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