Alan W. Crittenden v. Mariko C. Crittenden

The State of Georgia dismissed Petitioner’s complaint for divorce for lack of subject matter jurisdiction, where Petitioner’s last domestic residence in the United States before his active-duty military service was the State of Georgia. At the time of filing for divorce, Petitioner had established no other permanent or temporary residence in any other state. The mother of the minor children of the marriage is a Citizen of Japan, does not reside in the United States, remains in Japan with the children, and has refused to accede to the jurisdiction of the state courts of Georgia. Petitioner could not file for divorce in any other forum and therefore could not resolve important constitutional rights he has as a citizen of the United States, nor those of his minor children. The questions presented in this petition are as follows: For purposes of the disposition of Petitioner’s constitutional rights (including those with respect to custody of and visitation with his minor children), did the State of Georgia deny Petitioner equal protection and/or due process of law by dismissing his complaint for divorce for lack of subject matter jurisdiction, where there was no other forum in which Petitioner could seek a divorce? Does Congress’ Military and Treaty Powers under the Supremacy Clause, both of which authorize the applicable Status of Forces Agreement (SOFA)