In Re the Marriage of Bouska

I am unable to agree with the majority because I do not believe the durational residency requirement of Code § 598.6 is jurisdictional.

Respondent’s motion to vacate the decree and dismiss the petition was predicated solely on a claim the trial court lacked subject-matter jurisdiction. This claim presented an issue of statutory construction. Subject-matter jurisdiction of dissolution actions is conferred on the district court by § 598.2, The Code, which provides:

The district court in the county where either party resides has jurisdiction of the subject matter of this chapter.

This provision…