The Recognition of Foreign Decrees of Divorce

The question of the recognition of foreign decrees of divorce is one of real and growing importance. The conflict of law that exists in this country, where divorces are granted by one state and their validity tested in another, is one that is familiar to the legal profession. In fact, it is familiar to the public generally. The unfortunate situation of persons legally divorced in one state and not in another; of a second marriage valid in one state, declared invalid in another; and the general confusion resulting from such conflict is constantly presented to the public through the daily press and current magazines. It now appears that there is to be added to this chaos, the confusion of divorce decrees granted in foreign countries to citizens of our own country who have sojourned therein only long enough to obtain the decree and then bring it home. It is my purpose to attempt an analysis of the underlying principles concerning divorce decrees rendered by the courts of one state and for which recognition is sought in others; and then by analogy to seek to determine, so far as is possible by this process of reasoning, the status in the courts of this country of divorce decrees rendered by the courts of foreign countries