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In re Marriage of Kimura

Supreme Court of Iowa
471 N.W.2d 869 (1991)


Facts

Dr. Ken Kimura (plaintiff) and Fumi Kimura (defendant), citizens of Japan, were married there in 1965. They ceased living together in 1973 and have two adult children. Dr. Kimura was granted a temporary visa to work in New York in July 1986. In October 1987, he was granted permanent United States residency and was then hired as a surgeon and professor at the University of Iowa. In December 1988, he filed for a divorce from Mrs. Kimura in an Iowa district court. Notice of the action was mailed to Mrs. Kimura in Japan and published over three weeks in an Iowa newspaper. In February 1989, Mrs. Kimura contested the court’s personal and subject-matter jurisdiction by way of a pre-answer motion. After a hearing at which her lawyer appeared, but Mrs. Kimura did not, the district court granted a divorce. Mrs. Kimura appealed.

Rule of Law

Issue

Holding and Reasoning (Lavorato, J.)

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