Ensign v. Ensign

The correct answer to the fundamental question of jurisdiction presented upon this motion depends upon the accurate interpretation of section 1763 of the Code of Civil Procedure, applicable to actions for separation, which reads as follows: “ Such an action may be maintained in either of the following cases: 1. Where both parties are residents of the State when the action is commenced. 2. Where the parties were married within the State and the plaintiff is a resident thereof when the action is commenced. 3. Where the parties, having been married without the State, have become residents of the…