By Andrew Delaney
Jurisdictional appeals are rarely interesting, but this one may prove the exception to that rule.
Here’s the skinny: wife files for divorce against husband. But there’s a problem. Wife was still married to her first husband even though she thought she was divorced. So, the current marriage is void. The family division closes the case, and then kicks the can to the civil division on property issues. No kids.
Husband follows instructions and files a couple small-claims cases. He wins one, loses the other. He appeals the one he loses and the civil division rules that neither the civil division nor the small-claims division have jurisdiction over the marital property—accordingly, the family division must decide the property issues. Husband sought review in the SCOV.