Marriage of Phillips CA4/1

DISCUSSION

Luzviminda notes that when the parties signed a marital settlement agreement

in 2011 that was later incorporated into the Guamanian judgment of divorce, both

parties listed California as their address. Accordingly, Luzviminda asserts both parties

were domiciled in California and the Guamanian judgment of divorce is void under

Family Code section 2091. (Undesignated statutory references are to the Family

Code.) We disagree.

Marriage dissolution is a proceeding in rem where the marriage is the res that is

adjudicated. (Zaragoza v. Superior Court (1996) 49 Cal.App.4th 720, 724-725.)

" 'The res which is the subject of adjudication is an intangible. Jurisdiction is exercised

not by taking custody of a tangible article, but by serving process [] upon the other

spouse.' " (Id. at p. 725.) Section 2091 is part of the Uniform Divorce Recognition

Act. (§ 2090 et seq.) Section 2091 provides the following: "A divorce obtained in

another jurisdiction shall be of no force or effect in this state if both parties to the

marriage were domiciled in this state at the time the proceeding for the divorce was

commenced." The seemingly broad language of section 2091,…