What is the “black letter” law regarding the enforcement of a foreign judgment of divorce?
A judgment of divorce issued in a foreign country generally is recognized in a state in the United States on the basis of comity (Hilton v. Guyot, 159 U.S. 113, 163-64 (1895)), provided both parties to the divorce received adequate notice, i.e., service of process, and, generally, provided one of the parties was a domiciliary in the foreign nation at the time of the divorce. Under the principle of comity, a judgment of divorce obtained in another country under the circumstances described above receives “full faith and credit” in all other states and countries that recognize divorce. Although full faith and credit may be given to an ex parte divorce judgment, courts in New Jersey usually consider the jurisdictional basis upon which the foreign judgment is founded. The court may withhold full faith and credit if it is not satisfied regarding the issue of domicile in the foreign country. 2. What are the different types of foreign divorces? There are four different types of foreign divorce
