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Civil Procedure Keyed to Glannon
Burnham v. Superior Court
Citation:
495 US 604 (1990)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
While living in New Jersey, Burnham and his wife agreed to separate. The wife was to move to California and have custody of their two children. They subsequently agreed to file for divorce on the grounds of “irreconcilable differences.” Burnham filed for divorce in New Jersey, but on grounds of desertion. He did not attempt to effect service of process on the wife. The wife then brought suit for divorce in state court in California. Personal service was effected on Burnham shortly thereafter when, after traveling to California for business, he visited his children and returned them to the wife’s home on the weekend. The state courts upheld jurisdiction. The Supreme Court granted certiorari.
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