Conflicts of Law related to Family Law

Question 1

out of state or non-US marriage

Answer 1

rule: valid where contracted, valid in NY

unless it violates a strong public policy in NY

Question 2

out of state divorce

Answer 2

if both spouses participate in divorce, given full faith and credit and no collateral attack is allowed
-also, res judicata on all issues litigated and that could have been litigated (ex- property distribution)

ex parte divorce: valid if D received notice, but can be collaterally attacked (attack would be evidence that party that obtained divorce was not truly domiciled in forum state)

Outside US:

• if both spouses particpate- NY will honor divorce (comity)
• ex parte out of US is invalid

Question 3

support orders

Answer 3

Governed by uniform statute (uniform interstate family support act)
• Under this, any state that has entered an initial support order, that state has continuing and exclusive jurisdiction over the matter so long as a kid or a parent lives there.
• Need this b/c child support is not final bc modifiable so not given full faith and credit
• Makes support orders enforceable across state lines