Simply by being served, a party does not waive their right to challenge personal jurisdiction. For the same reason, service does not necessarily mean a case will remain in that venue. Rather, both personal jurisdiction and venue can be challenged. However, if either one of files any pleading in the other jurisdiction other than challenging jurisdiction or venue, that person may then have waived arguments to both.
Personal jurisdiction involves a question of whether a person can be expected to be sued in a given venue. It is difficult to challenge and will be waived upon any substantive conduct in the case.
Another cleaner argument is known as Forum non conveniens (Latin for "forum not agreeing"). You would argue that, while the court could hear the case, it shouldn’t do so because most of the witnesses and evidence is located in another jurisdiction. Generally, in a divorce case, the state where the marital residence was is the proper forum and should take precedence.
I trust this answers your question but feel free to call or e-mail me on a free initial basis.
Answered on Jan 16th, 2013 at 10:18 AM