Conflicts of Law Issues in Domestic Relations

Question 1

Out-of-State or Non-U.S. Marriage

Answer 1

If valid where married it will be valid in NY UNLESS it violates a strong public policy in NY.

EXCEPTION- domiciliaries of one state temporarily leave and go elsewhere to get married in order to void a prohibitory rule (aka rule of strong pubpol) of their domicile, the state of domicile will not recognize the marriage as valid, but other non-domicile states will

Question 2

Out-of-STATE Divorce

• with both parties participation?
• ex parte?

Answer 2

• BOTH- NY will recognize the divorce as valid AND all determinations pertaining to the divorce will be res judicata here.
• EX PARTE- prima facie evidence of valid divorce assuming the D received notice, but open to collateral attack if D can prove that P was not really a domiciliary of the state where P got the divorce; any other determinations pertaining incidentals will NOT be recognized b/c need PJ over both parties to rule on incidentals

Question 3

Out-of-COUNTRY Divorce

Answer 3

• NY will usually honor the divorce (grant comity) if both spouses participated in the divorce
• ex parte –> NY will NOT recognize (no comity)

Question 4

Full Faith & Credit & Child Support Orders

Answer 4

• FFC must be given to FINAL judgments, on the MERITS, when the rendering court has JURISDICTION.
• a child support order for FUTURE payments is not “final,” so would not be entitled to FFC as to those future payments

UNIFORM INTERSTATE FAMILY SUPPORT ACT–

• requires recognizing child support order, even for FUTURE payments
• every state + DC has adopted
• any state that has entered an INITIAL CHILD SUPPORT ORDER has continuing and exclusive jurisdiction over the matter SO LONG AS either the kid or a parent continues to live in that state
• Makes support orders enforceable directly across state lines → NY mother can mail court order to NJ dad’s boss and make that NJ boss take out some of his pay for child support