Family Law Keyed to Weisberg
In Re Marriage of Kimura
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Ken and Fumi Kimura were married in Japan in 1965, and both are Japanese citizens. Ken graduated from medical school in Japan, and is currently a pediatric surgeon in Iowa. In 1986 he was invited to come to the United States on a temporary H-1 work visa. The medical center where he worked filed an application on Ken’s behalf for permanent residency status, which he received in 1987. In 1988 he filed a divorce mediation proceeding with the family court in Japan. In July he withdrew because he could not attend the court’s reconciliation proceeding because of work. In December he filed a petition for dissolution of marriage in Iowa, alleging that he had resided there for more than one year, that his residency was not just for the purpose of obtaining a dissolution, and that a breakdown of the marital relationship had occurred. Because personal service was not possible on Fumi in Iowa, a copy of the petition was mailed to her in Japan and notice of the petition was publishe d three times. In February 1989 Fumi filed a preanswer motion contesting the district court’s personal and subject matter jurisdiction. The court concluded Ken satisfied residency requirements and dissolved the marriage. Fumi appealed.
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