James Robert Wilken v. Mary Charlotte Wilken

Case Number
W2012-00989-COA-R3-CV

This appeal involves jurisdiction over a divorce case. The parties lived in Maryland throughout their 19-year marriage. In 2007 or 2008, the husband left the marital home in Maryland. Several months later, he moved to Tennessee. About one year after he moved to Tennessee, the husband filed this complaint for divorce in the trial court below. The wife filed an answer and a counterclaim for divorce. The trial court conducted the first day of trial in the matter, and the case was continued. Before the trial resumed, the trial court sua sponte entered an order dismissing the case for lack of jurisdiction,jurisdiction over the wife and apparently also lack of subject-matter jurisdiction over the case. The husband now appeals. We reverse the trial court’s decision and remand for further proceedings.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Judge George R. Ellis
Case Name
James Robert Wilken v. Mary Charlotte Wilken
Date Filed
Dissent or Concur
No
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