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Goodenbour v. Goodenbour

Because family and marital activities centered in Austin, the last marital residence was in Texas.

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Appellant Kathryn S. Goodenbour appeals from a district court order granting appellee Jay Goodenbour’s special appearance and dismissing Kathryn’s suit for divorce in its entirety. See Tex. R. Civ. P. 120a. Kathryn brings two points of error challenging the district court’s ruling regarding jurisdiction. In her first point of error, Kathryn argues the district court erred when it found that (i) it did not have personal jurisdiction over Jay, (ii) Texas was not the last marital residence of the parties, *fn1 and (iii) the parties’ children did not reside in Texas as a result of the acts or directives of Jay. *fn2 In her second point of error, Kathryn argues the district court erred when it dismissed her petition for divorce and held that it did not have jurisdiction over any issue therein. We will reverse the order and remand the cause for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Kathryn and Jay Goodenbour were married on August 2, 1980 and are the parents of two minor children. Before October 1996, Kathryn and Jay resided with their children in the state of Washington. On October 8, 1996, Jay moved to New Zealand to start a new job while Kathryn and the children remained in Washington. The plan was for Kathryn and the children to move to New Zealand after the Christmas break. At the end of 1996, however, Kathryn developed reservations about moving to New Zealand and decided to stay in Washington, at least until the children finished the school year. In July of 1997, Kathryn was offered a job in Texas. She accepted the job and moved to Austin in August 1997.

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