In re: Marriage of ObrechtAnnotate this Case
Raul and Ingrid married in 1978 in Santa Cruz County. In 1993, the family moved to Chile, where Ingrid had been born. The couple separated in 1995. Since 2010, Raul has resided in New York. In 2012, Ingrid filed a dissolution petition in Santa Cruz, seeking attorney fees and spousal support. Raul signed a receipt for papers mailed to New York, but did not appear. The court ordered him to pay support plus attorney fees. Later, the court garnished Raul’s wages. In 2013, Ingrid sought an order determining Raul’s arrearages. Raul appeared on his own behalf. The court ruled that the support order was valid and awarded arrearages. Months later Raul moved to quash service for lack of jurisdiction and to set aside the 2013 orders and garnishment. Raul asserted that Ingrid “has lived and continues to live in Chile since . . . 2000 or 2001.” Ingrid introduced evidence showing her presence in the county for at least part of the six months prior to her filing. The court found that Raul had submitted to jurisdiction and later entered default. The court of appeal reversed. While Raul’s appearance constituted a general submission to jurisdiction and he forfeited his objection to an untimely hearing notice, the court erred by entering default while Raul’s court of appeal petition was pending.