Ainu'u v. Ainu'u

ORDER DENYING MOTION TO DISMISS

Petitioner Leota Vaea Ainu'u (“Leota”) filed a petition for dissolution of marriage. Respondent Tasiaeafe Ainu'u (“Tasiaeafe”) moved, pursuant to T.C.R.C.P. 12(b)(1), to dismiss the action on the ground that this court lacks subject matter jurisdiction over the petition. In particular, Tasiaeafe contends that Leota fails to meet the one-year residency requirement under A.S.C.A. § 42.0206(a)(1). The Court, having heard and considered counsels’ arguments, will deny the motion.

Standard of Review

In deciding a motion to dismiss for lack of subject matter…