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All states treat a divorce decree as valid as long as one spouse fulfilled the state law requirements in the state where that spouse filed for divorce. Usually that means that the spouse must have been a resident of the state for a certain period of time prior to filing for divorce. Sister states must recognize a divorce decree as valid when it is based on the Full Faith and Credit Clause, but they may also treat a decree as valid based on the legal principle of comity.

Full Faith and Credit

Under the Full Faith and Credit Clause of the United States Constitution, a state must recognize the public acts, records and judicial proceedings of every other state. It requires that any final judgment entered by the courts of a state acting consistent with state laws and with constitutional requirements, must be recognized and enforced in every other state.

Comity

Even if the Full Faith and Credit Clause does not apply to a divorce case, such as when it is proven that the spouse who filed for divorce had not met the residency requirements of the state where the divorce decree was granted, a sister state court may give recognition to the judgment of another state as a matter of comity. Comity is where a court recognizes a sister state court order, as a matter of courtesy, when it is not compelled to do so.

For example, divorce decrees entered in states allowing for jurisdiction on the basis of mere residence may be recognized elsewhere as a matter of comity. A decree given recognition as a matter of comity can have the same effect as one given full faith and credit.

Challenging a Divorce Decree in Second State

If a spouse thinks that the court that granted the divorce decree did not have the authority to do so, that spouse may challenge the decree in a second state. The burden of establishing the right to challenge the judgment and then proving the lack of jurisdiction rests on the spouse who attacks the validity of the decree.

If the challenge is successful, the decree will be denied full faith and credit and will also lose all validity in the state that granted the divorce. This effect is the result of the rule commonly called the ''last-in-time'' rule, which requires that the last decision made by a court between parties on the same issue be viewed as the controlling decision, entitled to full faith and credit, even in the state that originally decided the case.

A spouse cannot attack a divorce decree from another state if the following are true:

• The spouse attacking the divorce decree was subject to the jurisdiction of the court that granted the divorce because he or she received the divorce documents, but failed to bring up the issue of the court's authority over the case
• The spouse submitted to the jurisdiction of the court that granted the divorce decree by showing up for court, signing an affidavit for receipt of the divorce papers or acknowledging receipt of the divorce documents by filling them in, and that spouse did not attempt to challenge that court's authority to decide the case while it was pending
• The spouse used the divorce decree to his or her own benefit

If none of the above are true, a court will look to see if the spouse that is opposing the divorce decree was actually given notice of the pending divorce and whether there was any excuse for not raising the dispute prior to the granting of the divorce decree.

Questions for Your Attorney

If you receive divorce documents from a spouse who lives in another state, you may want to consult an attorney about your rights and duties relating to a divorce.

You may want to ask your attorney the following questions:

• Under what conditions may I dispute the validity of a divorce decree issued in a state other then the one that I live in?
• I didn't receive notice of the divorce hearing that was held in a state other then where I live, is the divorce decree valid?

Related Resources on Lawyers.com^sm

- Checklist: Preparing for Divorce
- Ex Parte Divorce: When Only One Spouse Participates
- Residency Requirements in Divorce
- Divorcing When Your Spouse Lives in Another State
- Where Do I File for Divorce?
- Divorce articles and information
- Find a Divorce Lawyer in your area
- Visit our General Divorce Message Board