..::What are Four Basic Categories of Foreign Divorces in U.S.A

MIGRATORY DIVORCES: ” Foreign “migratory” divorces fall into four basic categories: (Nichols, Recognition and Enforcement: American Courts, Look at Foreign Divorces, 9 Family Advocate 9-10, 37 (1987).

— “Ex Parte” divorces, based on the petitioner’s physical presence in the foreign nation, with notice or constructive service given to the absent defendant;

— “Bilateral” divorces, based on the physical presence of both parties in the divorcing nation, or the physical presence of the petitioner and the voluntary “appearance” by the defendant through an attorney;

— “Void” divorces, where an ex parte divorce is obtained without notice, actual or constructive, to the absent defendant. Courts do not recognize or enforce this type of divorce;

— “Practical recognition” divorces, wherein practical recognition may be afforded such decrees because of estoppel, laches, unclean hands, or similar equitable doctrines under which the party attacking the decree may be effectively barred from securing a judgment of invalidity. 13 A.L.R. 3d 1419, 1452. Many jurisdictions will prohibit the spouse who consented to the divorce from attacking it later under a principle of fairness called “estoppel”. Thus, a party may be precluded from attacking a foreign divorce decree if such an attack would be inequitable under the circumstances. Scherer v. Scherer, 405 N.E. 2d 40, 44 (Ind. App. 1980), Rosenstiel v. Rosenstiel, 16 N.Y.2d 64, 209 N.E.2d 709, 262 N.Y.S.2d 86 (1965), and Yoder v. Yoder, 31 Conn.Supp. 345, 330 A.2d 825 (1974).


Enter your Question here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s