In Re Marriage of Dick

These consolidated appeals arise from dissolution proceedings in the marriage of John W. and Elisabeth L. Dick. Both have appealed, wife from the judgment of dissolution, and husband from an order awarding spousal support and attorney fees. We considered each appeal separately.

Wife’s Appeal

Wife appeals from the judgment of dissolution, arguing that the court lacked jurisdiction to render the judgment because husband’s status as a nonimmigrant alien, i.e., a tourist, precluded a finding, for purposes of jurisdiction, that he intended to make his domicile in California. Viewed in the light most favorable to the judgment (Sevier v. Locher (1990) 222 Cal.App.3d 1082, 1087 [ 272 Cal.Rptr. 287 ]), the evidence established the following facts:

I

Wife presents five contentions: (1) that husband’s immigrant status as a nonimmigrant alien precludes a finding of residence for purposes of dissolution; (2) that even if his immigrant status does not preclude a finding of residence, there is insufficient evidence to support that finding; (3) the court erred when it excluded wife’s immigration expert from testifying; (4) the issue of status was not before the court because husband…