Constitutional, Divorce, and Contractual COL Issues

Question 1

What happens if there is an express COL provision in a k?

Answer 1

It is generally adhered to regardless of the states COL approach

Question 2

What are the three exceptions to express COL provisions in a k?

Answer 2

contrary to public policy
no substantial relationship
lack of consent

Question 3

When will a court give FCC to a divorce judgment issued in another state?

Answer 3

the decree is valid in the other state; and

the other state had proper jx ( i.e., one of the spouses was domiciled in the state that granted the divorce)