The Issue Of Interstate Divorce Essay

The Issue Of Interstate Divorce Essay

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The Supreme Court ruled twice on the divorce of a North Carolina couple that divorced in Nevada. Supreme Court justices dealt largely with the issue of interstate divorce and the nature of our country’s system of governance.The rulings of Williams v. North Carolina lead to important implications regarding divorce, as well as the full faith and credit clause of the Constitution. However, because of more expansive divorce laws today, the case does not hold the same level of importance.
In the early 20th century, the United States was not as culturally liberal as the country today. In result, divorce laws, especially the Divore Reform Act, have allowed couples to divorce more easily. Fault is no longer requiered, (SITE SITE SITE) However, the 1940’s were a different time. in 1940, the number of divorces per 1,000 people was 2.0, and by 1976 that number has raised to 4.0 (CDC). Clearly, cultural changes lead to an increase in the divorce rate of the United States. Yet, people still took advantage of the laws in Nevada to divorce their spouses. According to Times magazine, *In 1941 alone, 6,430 divorce suits were filed in Nevada. It seems safe to assume that all were granted.” Due to the change in morality over the past half-century, it suggests that this case may have a moral basis.
While the Nevada law did require domicile to be claimed by the plantiff, it was not a strict requirement. (SITE) Judges were did not inquiere about jobs, carreers, or their future life. The plantiff didn’ even need to be in the court room, their desposition could be used instead. These vague requirements lead to a whole bussiness in the state of Neveda. With a small amount of lawyers and judges CARRYING OUT the divorces, would be divorcees decided to take...


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...e case was a husband who left his wife in New York, their original domicile. He then moved to Connecticut, secured a domicile, and divorced his wife. His wife then sued him for seperation, and claimed he abandoned her. In his defense, he used his Connecticut divorce, but the state refused to give full faith and credit to his Connecticut divorce, granting his wife seperation. The Supreme Court ruled that New York was allowed to deny full faith and credit if the husband filed for a divorce in a new domicile, and the wife as abondoned in their matrimonial domicile in which the wife still resides. At the time, the Supreme Court believed that Connecticut could not grant the divorce, as it lacked jurisdiction. The Court ruled, “...the wife, was not entitled to obligatory enforcement in the New York by virtue of the full faith and credit clause of the federal Constitution.”

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