Conflict of Law Issues Flashcards
When is an out-of-state or non-US marriage valid in NY?
If it was valid where contracted, it is valid here unless it contravenes public policy of NYS.
E.g. okay in Saudia Arabia for a 9 year old to marry a 50 year old - but not here.
Can a party challenge in NY a final decree of divorce that was issued in another US state?
Not if both spouses participated in the divorce.
This includes alimony and property determinations
Can a party challenge in NY an ex-parts divorce from another US state?
Yes - but the ex-parte divorce recognized in another US state is prima facie valid, so long as the other spouse received notice.
When is a non-US divorce recognized in NY?
Only when both parties participated in the divorce (under comity).
NY will not recognize non-US ex parte divorces.
What law governs child support orders?
The Uniform Support Law
Uniform Interstate Family Support Act
When must a state recognize the child support order of another state?
Any state that entered the initial support order has CONTINUING AND EXCLUSIVE jurisdiction over the matter - as long as either the child or a parent continues to live in the jurisdiction.
Does Full Faith and Credit require that a child support order from another state be recognized?
No - because it’s a continuing order and not a final judgment. But - the Uniform Support Law requires recognizing the continuing and exclusive jurisdiction of the rendering state.
