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15. Should the court grant the wife's motion to dismiss?
The wife answered the husband's complaint without asserting any affirmative defenses or filing any additional motions. Two years into the lawsuit, after discovery had been completed and four days before trial, the wife filed a motion to dismiss, asserting that the court lacks subject-matter jurisdiction over the husband's claims.
A husband from State A filed a divorce action against his wife, a citizen of State B, in State A federal court. The husband asked the court to divide the marital estate valued at $2,755,000. The couple lived in State B at all times during the marriage. The wife had never been to State A before the lawsuit was filed.
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A is incorrect. Some grounds for dismissal, including a claim that the court lacks subject-matter jurisdiction, may be raised at any time. Therefore, this would not be a basis to deny the wife's motion to dismiss.
B is incorrect. Subject-matter jurisdiction may be raised at any time, even on appeal. The wife's failure to raise a lack of subject-matter jurisdiction in her answer thus does not bar her from properly raising it now.
D is incorrect. This answer choice states the correct conclusion with the incorrect legal reasoning. It does appear from the facts that the court lacked personal jurisdiction over the wife originally, but she submitted herself to personal jurisdiction in State A by answering the husband's complaint. Had the wife wanted to move for dismissal based on a lack of personal jurisdiction, she would have had to do so before her responsive pleading or within the answer. By failing to bring a pre-answer Rule 12(b)(2) motion or raise it in her answer, the wife waived this defense.