Jurisdiction Over Marital Res


Brannon v. Brannon, [Ms. 2200136, Mar. 5, 2021], ___ So. 3d ___ (Ala. Civ. App. 2021). The court (Moore, J.; Thompson, P.J., and Edwards, Hanson, and Fridy, JJ., concur) reverses the Covington Circuit Court’s judgment dismissing a divorce action filed by the husband. The circuit court concluded that it lacked subject-matter jurisdiction because the wife was not a resident of Alabama at any time. In reversing, the court notes that the Alabama residence of the plaintiff husband was undisputed and explains that “‘[t]he res over which the jurisdiction of the court is limited is the marital status of a citizen of Alabama.’ Gee v. Gee, 252 Ala. 103, 105, 39 So. 2d 406, 408 (1949). Our supreme court has held that ‘a sufficient part of the marriage res accompanies the domiciliary complainant, and authorizes an in rem action to determine the status of such res.’ Billingsley v. Billingsley, 285 Ala. 239, 241, 231 So. 2d 111, 113 (1970).” Ms. *5.

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