Divorce Judgments and Domicile

Question 1

When will divorce judgments be recognized?

Answer 1

As long as the court had personal jurisdiction over at least one of the parties and at least one party lived in the judgment state.

Question 2

To what extent will divorce judgments be recognized?

Answer 2

If a bilateral divorce (consent divorce), then to the fullest extent.

If an ex parte divorce, then only as to the divorce itself, and not as to any property division, etc.

Question 3

Who can challenge the validity of a divorce decree?

Answer 3

Anyone who has an interest in the case (like a child).

Question 4

When will a third party be estopped from making a collateral attack?

Answer 4

When the third party is in privity with one of the parties to the divorce.

Question 5

When will child custody decisions be recognized?

Answer 5

Always.

Question 6

What court can modify a child custody decision?

Answer 6

The original court, unless it no longer has a connection to the child or parents.

Question 7

When will operation of law determine somebody’s domicile?

Answer 7

When they lack the legal capacity to choose their own domicile

• Infants
  
  • If parents are married, infant is domiciled where father is domiciled
  • If father has died, infant is domiciled where mother is domiciled
  • If parents are separated/divorced, infant is domiciled where custodial parent is domiciled
• Incompetent people
  
  • If they were once competent but now are not, then they are domiciled where they were domiciled when they were competent.
  • Otherwise, the domicile of their parents.

Question 8

Where is a corporation domiciled?

Answer 8

In the state in which it is incorporated.