Berger v. Berger

This is an appeal by the plaintiff from an order of the District Court of the Virgin Islands dismissing his complaint in divorce for lack of jurisdiction. The order was based upon the court’s conclusion that the evidence failed to establish that the plaintiff was domiciled in the Virgin Islands, which we have held to be a jurisdictional requirement under the law. It is true that this rule is now under attack in the Supreme Court in our case of Alton v. Alton which is there pending on certiorari. The plaintiff in the present case, however, does not question the rule that domicile is necessary…