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Family Law Keyed to Weisberg
In Re Marriage of Kimura
Facts
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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