Legal Question in Family Law in Washington
public policy and divorce
some states in USA have fault based divorces(state A),where grounds for divorce must be proved,while some other states have ''marriage irretrievably broken'' as the grounds(state B).
Does it not offend the public policy state B if a divorced couple from state A move to B and how is it recognized there? does one have to get the decree accepted again?or is it recognized automatically even if public policy(residency requirements/grounds for divorce etc) are all different?
Going further,if a foreign country G has some grounds for divorce and state H in USA has only no-fault divorces,would a valid divorce decree from country G be recognized in state H of usa by comity? or not recognized?
2 Answers from Attorneys
Re: public policy and divorce
If the couple satisfy the residency requirements then the decree of divorce passed in that state is a valid one ( whether the same is based on no fault ground or otherwise). Subsequent movement to some other state will not affect the validity of decree. However if a couple governed by foreign law ( say India) then the decree of the USA must satisfy the Indian Law to be a valid and executable decree. Otherwise the affected party may move the Indian court for declaring the decree passed by US court as null and void since the same is opposed to public policy.
IF THE PROBLEM IS PRESENTED SPECIFICALLY A VERY DETAILED PROFESSIONAL OPINION ON LETTER HEAD CAN BE EXPRESSED.
S. Seshadri
M/s Aiiyangar & Associates
Advocates, 7A, Queens Court, 130, Montieth Road, Egmore, Chennai 600008 Tamilnadu, India
Phones 911- 044- 28515229 and 98403 20808
Re: public policy and divorce
If a couple are validly divorced in a fault state, a no fault state will usually have no problem recognizing the validity of the fault state's judgment for dissolution/divorce. The same applies to foreign countries. One caveat here: it depends on the foreign country. I can imagine instances of where a Washington state court may not recognize parts or all of a divorce granted in a foreign country. We would have to talk or meet to get into details, but suffice it to say, it is not automatic. I hope this helps.
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