Posts Tagged ‘milblog’
military wife
November 30th, 2009 | 
Author: military wife
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Massachusetts Grounds Divorce Decree Military Retirement Pay Lacked Jurisdiction Lawyers Attorneys
SUSAN J. SIMMONS vs. STEVEN R. SIMMONS.
APPEALS COURT OF MASSACHUSETTS
January 20, 1995
During the pendency of a complaint for divorce brought by the wife in Massachusetts, the husband filed an action for divorce in South Carolina. Despite the wife's request for a continuance on the ground that a prior action for divorce was pending in Massachusetts, and a claim that the South Carolina court did not have jurisdiction, a judge of the Family Court of the Ninth Judicial Circuit of the State of South Carolina on April 13, 1992, "ordered adjudged and decreed that the defendant is entitled to a divorce." The court issued no order regarding custody, alimony, support, or division of property. The South Carolina court determined that it had jurisdiction, that the wife's divorce had been pending since 1987, "that the sister state (Massachusetts) has failed to give any reason for its failure to issue a ruling in this matter" although a hearing had been held in December, 1991, and that the husband "is entitled to his divorce." Subsequent to that order, a Massachusetts Probate Court, on August 19, 1992, issued a judgment of divorce nisi which, if valid, would have become absolute ninety days thereafter. That judgment also provided for visitation by the husband and a division of marital assets, including the husband's military retirement pay. The husband filed a motion for relief from judgment in the lower court, claiming it lacked jurisdiction. The lower court denied the motion, and the husband sought review of that decision.
Issue:
- Whether the probate court lacked subject matter jurisdiction to hear the case?
The Court held that it is true that the South Carolina divorce judgment is entitled to full faith and credit and that the judgment has established with finality the status of the plaintiff's marriage. The wife appeared through counsel in South Carolina and is precluded from relitigating the same matter in Massachusetts. While the portion of the Massachusetts judgment which adjudged a divorce is a nullity, there is no reason to invalidate the remainder of the judgment. Further the Court finds that "General Laws, c. 208, § 34, as amended through St. 1990, c. 467, specifically provides: "Upon divorce or upon a complaint in an action brought at any time after a divorce, whether such a divorce has been adjudged in this commonwealth or another jurisdiction, the court of the commonwealth, provided there is personal jurisdiction over both parties, may make a judgment for either of the parties to pay alimony to the other. In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other, including but not limited to . . . . military retirement benefits if qualified under and to the extent provided by federal law. . . ." The wife's complaint sought custody, alimony, and support as well as a divorce. The South Carolina judgment did not purport to settle any of these matters. Since the Massachusetts Probate Court had personal jurisdiction over both parties, the South Carolina judgment did not prevent the Massachusetts Probate Court from adjudicating the other questions encompassed in the wife's complaint.
Conclusion:
This Court concludes that the portion of the August 19, 1992, judgment nisi which purported to adjudicate a divorce is deleted. With that exception, the denial of the motion for relief from judgment is affirmed.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
proud army
proud army
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The army reserves – a proud long tradition
The Army Reserves can trace its beginning back to 1908 when the Army was authorized by Congress to establish a reserve corps of medical officers. This was that nation's first federal reserve and within four years, a regular Army Reserve would be authorized, as well.
The first time that the Army Reserve would be called to service was during the 1916 tensions between Mexico and the United States. The purpose of the call up was to provide additional strength in numbers. This first mobilization was a very important development and showed the potential for the Army Reserve.
The National Defense Act of 1916 would establish the Officers and Enlisted Reserve Corps, as well as the Reserve Officers Training Corps. When America entered World War I, there are over 50,000 reservists. Just one decade earlier, there had been none. By the end of the war, the reservists who served would number over 170,000. Since that time, Army Reservists have participated in every major conflict involving the United States. Only about 11,000 couldn't serve, with some being too old or serving as Congressmen and judges.
There were many Army Reservists who would become well known for their military services. Theodore Roosevelt was the first general to land on D-Day. Ronald Regan would serve during World War II, but his fame would come later in life. By the end of the war, over half of the soldiers fighting would be from the Army Reserve.
During the Korean War, almost a quarter of a million Reservists would be called to duty. While this war was still ongoing, Congress started changing the structure of the Army Reserve. There would now be three types of Reservists – the Ready Reserve, the Standby Reserve, and the Retired Reserve. The President would have the authority to call up one million Reservists – from all branches of the Armed Forces – to active duty when necessary.
Vietnam would see the smallest numbers of Reservists called up, but there were still 33 Reserve units deployed to this conflict. The next major call up would be in 1990, with the invasion of Kuwait. Over 84,000 Army Reservists were called up and supported all branches of the Armed Forces in locations around the world. Since that time, the Army Reserve has almost always been engaged somewhere around the world. Deployments have included Iraq, Somalia, Haiti, Bosnia, and Yugoslavia. Currently, there are thousands of Army Reservists serving in Iraq and Afghanistan.
If you or a loved one has served in the Army Reserve, then you should consider honoring that service with an Army ring. One of the best things about these rings is that they can be customized for each individual soldier. You can choose between several precious metals, semi-precious stones, insignia and emblems, and even engraving on the inside of band. It's easy to order an Army ring online and you can have it shipped almost anywhere in the world. There is no better gift for a loved one whose service, dedication, and sacrifice have helped keep this country safe.
About the Author
Brian Gillet is a freelance author who writes about Military Gifts ideas for all branches of the Armed services. To know more about Brian please visit his website www.military-rings.com
Posted in Uncategorized | 
Tags: army, blog, blogger, milblog, military, navy, politics, proud army girlfriend, proud army girlfriend graphics, proud army girlfriend myspace layouts, proud army mom, proud army mom stuff, proud army moms, proud army sister, proud army wife, proud army wife myspace layouts, war | 
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army wife
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Free of charge $ten,000 Army scholarship - You Can Get it, Even If You Are Not in the Army
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About the Author
<b><a href="http://FREE-MILITARY-SCHOLARHSIPS.INFO">Military Spouse Scholarships</a></b><br /><br /><b><a href="http://FREE-MILITARY-SCHOLARHSIPS.INFO">Military Scholarships</a></b>
Posted in Uncategorized |
Tags: army, army wife, army wife apparel, army wife blog, army wife clothing, army wife myspace layouts, army wife poems, army wife quotes, army wives, blog, blogger, milblog, military, wife |
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