Recognition of Foreign Judgments

Question 1

Judgement of Sister States

Answer 1

Full Faith and Credit applies Except:
Lack of Jurisdiction
Lack of Finality
Judgment was not on the merits

Question 2

Federal District Courts and State Courts

Answer 2

While the Full Faith and Credit Clause does not apply, federal statues require similar recognition of judgments between state and federal courts.

Question 3

Judgments of Foreign Countries

Answer 3

State Law governs (absent treaty)
MI Uniform Foreign Money-Judgment Recognition Act:
Act treats foreign country’s money judgments much like sister state judgments, but it does not apply to judgments for taxes, penal judgments, or judgments for alimony or support.

Question 4

Judgment of Divorce

Answer 4

In order for judgment to receive full faith and credit, the rendering court must have had subject matter jurisdiction. Jurisdiction is satisfied if one spouse was domiciled in the rendering state.

Question 5

Judgment for Alimony and Property Rights

Answer 5

To receive full faith and credit, the rendering court must have personal jurisdiction over the spouse whose rights are being determined.

Question 6

Child Custody Decrees

Answer 6

Uniform Child Custody Acts provide that a state’s custody decree will be recognized if that state qualifies as the child’s home state.

Question 7

Divisible Decree Doctrine

Answer 7

If a decree has some parts that are valid and must be recognized and some parts that are not, then you recognize the good parts and ignore the bad.