Atchuthan Sriskandarajah

Massachusetts Marriage Divorce Contempt Adultery Lawyers Attorneys

The court reversed the decrees denying the wife's petitions for contempt and to modify the support decree and allowing the husband's petition to revoke the original support decree. The court ordered the cases to stand for hearing.

The court reversed the decrees denying the wife's petitions for contempt and to modify the support decree and allowing the husband's petition to revoke the original support decree. The court ordered the cases to stand for hearing.

ISSUES:

The issue here is whether Plaintiff is entitled to introduce evidence to impeach a foreign divorce decree for lack of jurisdiction..

DISCUSSION:

The full faith and credit clause of the Federal Constitution did not preclude a court of this Commonwealth from hearing evidence to impeach, for lack of jurisdiction, a decree of divorce by a court of another State. The judge erred in denying the petitioner the right to introduce evidence to impeach the Nevada judgment.  It is well settled that a bona fide residence on the part of at least one of the parties is essential to the validity of a decree of divorce. It is competent for the courts of other States to inquire into the validity of a divorce so far, at least, as its validity depends upon the jurisdiction of the State where the divorce was granted, and that a domicile by one of the parties in the State in which the divorce was granted is essential to jurisdiction.  Where a divorce in a foreign jurisdiction has been obtained in violation of this statute, one who participates in it is not precluded from questioning it in the courts of the Commonwealth.  It is important to know whether the Nevada court had jurisdiction and whether the statute (G.L. [Ter. Ed.] c. 208, § 39) had been violated. The answers to these questions cannot be ascertained from the record because the petitioner was denied the right to introduce evidence with respect to them.

It follows that the decrees appealed from are reversed and the cases are to stand for hearing in conformity with this opinion.

JUDGMENT:

The court reversed the decrees denying the wife's petitions for contempt and to modify the support decree and allowing the husband's petition to revoke the original support decree. The court ordered the cases to stand for hearing.

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