Watson v. Watson, No. 24281
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | FINNEY |
| Citation | 460 S.E.2d 394,319 S.C. 92 |
| Parties | John T. (Tommy) WATSON, Appellant, v. Tracy E. WATSON, Respondent. . Heard |
| Docket Number | No. 24281 |
| Decision Date | 30 May 1995 |
Page 394
v.
Tracy E. WATSON, Respondent.
Decided July 24, 1995.
Page 395
Nancy M. Young and Richard G. Whiting, Columbia, for appellant.
James T. McLaren and C. Dixon Lee, Jr., Columbia, for respondent.
[319 S.C. 93] FINNEY, Chief Justice:
Appellant (Husband) brought this family court action against respondent (Wife) seeking a divorce on the ground of adultery, custody of the parties' child, and related relief. Wife filed a motion to dismiss the complaint alleging the family court lacked subject matter jurisdiction because the parties continued to reside in the marital home at the time the action was commenced. The family court granted Wife's motion on both jurisdictional and policy grounds. Husband appeals. We reverse.
Jurisdiction
Subject matter jurisdiction refers to the court's "power to hear and determine cases of the general class to which the proceedings in question belong." Dove v. Gold Kist, Inc., 314 S.C. 235, 442 S.E.2d 598 (1994). Without question, the family court has subject matter jurisdiction over actions such as this which involve marital litigation and related relief. S.C.Code Ann. § 20-7-420(2)(Supp.1994). We reverse the family court's holding that it lacked subject matter jurisdiction because the parties were not physically separated. 1
Public Policy
As an alternative ground for dismissal, the family court judge held public policy demanded he refuse to permit a divorce action to be brought when the parties were residing in the same home at the time the action was commenced. We disagree, and hold that where, as here, a divorce is sought on a fault ground other than desertion, the parties need not be physically separated in order to bring suit.
It is well-settled that South Carolina's public policy is to foster and protect the marriage relationship. In re DePass, 231 S.C. 134, 97 S.E.2d 505 (1957); Brown v. [319 S.C. 94] Brown, 215 S.C. 502, 56 S.E.2d 330 (1949). South Carolina is the only State which deals with divorce in its constitution. S.C. Const. art. XVII, § 3 (Supp.1994); Shaw v. Shaw, 256 S.C. 453, 182 S.E.2d 865 (1971). Despite this policy, persons who plead and prove their grounds for divorce are entitled to a judicial dissolution of the bonds of matrimony. See Mincey v. Mincey, 224 S.C. 520, 80 S.E.2d 123 (1954).
If we were to require physical separation of the parties in order to...
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Simmons v. Simmons, No. 4043.
...to the court's `power to hear and determine cases of the general class to which the proceedings in question belong.'" Watson v. Watson, 319 S.C. 92, 93, 460 S.E.2d 394, 395 (1995) (quoting Dove v. Gold Kist, Inc., 314 S.C. 235, 237-38, 442 S.E.2d 598, 600 (1994)). Section 20-7-420(2) of the......
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Theisen v. Theisen, No. 27041.
...collusion between the parties. Id. The same rule applies if the parties seek a divorce on the fault ground of desertion. Watson v. Watson, 319 S.C. 92, 94, 460 S.E.2d 394, 395 (1995). [716 S.E.2d 276] On the other hand, citing public policy concerns and the diminished threat of collusion or......
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Coon v. Coon, No. 3678.
...to the court's `power to hear and determine cases of the general class to which the proceedings in question belong.'" Watson v. Watson, 319 S.C. 92, 93, 460 S.E.2d 394, 395 (1995) (quoting Dove v. Gold Kist, Inc., 314 S.C. 235, 237-38, 442 S.E.2d 598, 600 (1994)). South Carolina Code Annota......
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Bardoon Properties, NV v. Eidolon Corp., No. 24616
...class to which the proceedings in question belong. Page 373 Dove v. Gold Kist, 314 S.C. 235, 442 S.E.2d 598 (1994); Watson v. Watson, 319 S.C. 92, 460 S.E.2d 394 We have previously indicated that a party's lack of standing as a real party in interest deprives a court of subject matter juris......
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Simmons v. Simmons, No. 4043.
...to the court's `power to hear and determine cases of the general class to which the proceedings in question belong.'" Watson v. Watson, 319 S.C. 92, 93, 460 S.E.2d 394, 395 (1995) (quoting Dove v. Gold Kist, Inc., 314 S.C. 235, 237-38, 442 S.E.2d 598, 600 (1994)). Section 20-7-420(2) of the......
-
Theisen v. Theisen, No. 27041.
...collusion between the parties. Id. The same rule applies if the parties seek a divorce on the fault ground of desertion. Watson v. Watson, 319 S.C. 92, 94, 460 S.E.2d 394, 395 (1995). [716 S.E.2d 276] On the other hand, citing public policy concerns and the diminished threat of collusion or......
-
Coon v. Coon, No. 3678.
...to the court's `power to hear and determine cases of the general class to which the proceedings in question belong.'" Watson v. Watson, 319 S.C. 92, 93, 460 S.E.2d 394, 395 (1995) (quoting Dove v. Gold Kist, Inc., 314 S.C. 235, 237-38, 442 S.E.2d 598, 600 (1994)). South Carolina Code Annota......
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Bardoon Properties, NV v. Eidolon Corp., No. 24616
...class to which the proceedings in question belong. Page 373 Dove v. Gold Kist, 314 S.C. 235, 442 S.E.2d 598 (1994); Watson v. Watson, 319 S.C. 92, 460 S.E.2d 394 We have previously indicated that a party's lack of standing as a real party in interest deprives a court of subject matter juris......