The case of Williams v. North Carolina (317 U.S. 287 (1942)) said that once a divorce is effective in a State, it must be given full faith and credit in every other State. However, the second version of Williams v. North Carolina (325 U.S. 226 (1945)) every succeeding State can make an inquiry into whether the rendering State had jurisdiction to grant the divorce.
- Usually the issue is that the person seeking the divorce was not domiciled in the granting State or did not meet the State’s residency requirements.
- Remember, the State makes its own rules for jurisdiction. Nevada only requires 6 weeks to establish residency, while Utah requires 1 year to establish residency. You can’t win in Utah by claiming that Nevada’s residency requirement is too lenient, you can only win by claiming that the divorcee didn’t live in Nevada for 6 weeks.