In Re Marriage of Thornton

In this case we are called upon to determine whether there can be unique circumstances which would allow California courts to take jurisdiction over the dissolution of a marriage where neither of the parties is “domiciled” in this state. For the reasons to be explained, we hold that the actual residency of one of the spouses, coupled with unique circumstances, including the unavailability of a more proper forum, is enough to satisfy the jurisdictional requirements of Civil Code section 4530, subdivision (a).

An action for dissolution of marriage was brought in Merced County, California, on July 6, 1979, by appellant Judith A. Thornton, against respondent Attwood F. Thornton. In the petition, wife alleged that husband was a resident of California for the required period, and sought spousal support, support for their minor sons, division of community property and obligations, and attorney fees.

Husband was personally served in the County of Merced on July 10, 1979.

A notice of motion to quash proceedings under California Rules of Court, rule 1230, was filed by husband in which he asserted as grounds:

After hearing, the trial court granted the motion without stating…