Rozsnyai v. Svacek

Summary

The Supreme Court of Nebraska held that the district court lacked subject matter jurisdiction over a divorce proceeding because the record did not establish that the Nebraska-resident spouse intended to make Nebraska her permanent home. The court vacated the dissolution decree and dismissed the action, declining to address personal jurisdiction.

Holdings

1. When both parties are foreign citizens and the party residing in Nebraska has done so on a visitor's visa, the ordinary inference that satisfaction of the divorce residency-duration requirement reflects an intent to make Nebraska a permanent home is negated; specific evidence of permanent-home intent is required. Because Rozsnyai presented no such evidence beyond the length of her residence, the district court lacked subject matter jurisdiction.
2. The court did not need to address personal jurisdiction because the lack of subject matter jurisdiction independently required vacatur and dismissal.

Questions Presented

1. Whether the Nebraska district court had subject matter jurisdiction over Rozsnyai's dissolution-of-marriage proceeding when Rozsnyai was a Canadian citizen residing in Nebraska on a visitor's visa and the evidence did not otherwise establish an intent to make Nebraska her permanent home.
2. Whether the district court had personal jurisdiction over Svacek.

Disposition

vacated