Dart v. Dart

Katina Dart (plaintiff) and Robert Dart (defendant) were married and resided in Michigan for 13 years. The Darts had two children. To obtain his $500 million inheritance from a family trust, Robert relocated the family to England and renounced his United States citizenship. Katina and the children remained United States citizens and Michigan residents. A year later, Robert filed for divorce in England and served Katina in London. Four days later, Katina filed for divorce in Michigan. Robert moved in Michigan circuit court for summary disposition, arguing lack of jurisdiction and the pendency of the English proceeding. The Michigan circuit court claimed jurisdiction over the children and the divorce, but reserved judgment on the property division. Katina challenged jurisdiction in the English court and failed. The Michigan and English divorce proceedings continued simultaneously until the English court entered a divorce decree following a trial in which both parties fully participated with counsel. The English divorce decree awarded Katina lifetime annual spousal support, a $13,500,000 lump-sum equitable-distribution payment, the parties’ home in Michigan, and set annual child support. The English court found Katina was not entitled to share Robert’s inheritance because it was his separate property. Robert moved to dismiss the Michigan divorce action, arguing res judicata and comity for the English judgment. The circuit court denied the motion, and the court of appeals reversed, granted comity, and held res judicata barred the Michigan action except as to issues of child custody because Michigan was the children’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Katina appealed, arguing the English court’s Preston ceiling violated her due-process rights by setting an upper limit on her distributive award and was therefore not entitled to comity.