As discussed in our previous
posting, many Americans are still obtaining, or trying to obtain, quick
divorces in foreign jurisdictions, with Mexico being a “preferred” jurisdiction. The validity of such divorces was discussed
in that posting. The following arguments
explain why such divorces are generally unenforceable in California:
·
The public policy of
California may not permit the recognition of a foreign divorce decree when the
foreign jurisdiction has no legitimate interest in the marital status of the
parties, when the sole purpose of seeking the divorce in a foreign court is to
evade the laws of this state. (Scott v. Scott, 51 Cal. 2d 249).
·
A Mexican divorce decree
issued by a court which had neither jurisdiction of the parties nor of the
subject matter is entitled to no recognition by the California courts. (Estate
of Hensgen, 80 Cal. App. 2d 78).
·
A decree of divorce in
California is invalid if the court in Mexico which granted the divorce did not
have jurisdiction of either of the parties or of the subject matter of the
action. (Harlan v. Harlan, 70 Cal. App. 2d 657).
·
A foreign divorce decree that
is procured on a fraudulent domicile or residence is invalid. (Sohnlein v.
Winchell, 230 Cal. App. 2d 508; Schotte v. Schotte, 203 Cal. App. 2d 28).
·
A foreign divorce obtained
through assumed residence is not in good faith. (Kegley v. Kegley, 16 Cal. App.
2d 216)
·
Where the foreign
jurisdiction has no legitimate interest in the status of the parties, or where
the sole purpose of seeking the divorce in the foreign jurisdiction is to evade
the policy of this state, the judgment should not be recognized, despite the
provisions of Cal. Civ.
Proc. Code § 1915. (Sohnlein v. Winchell, 230 Cal. App. 2d
508).
·
The California courts have
long denied validity to Mexican divorces obtained by California residents ex
parte without reasonable notice. (Brown v. Brown, 274 Cal. App. 2d 178).
·
The existence of jurisdiction
is always a proper subject of inquiry in connection with any judgment of a
foreign court offered in the courts of our own state; and under said
circumstances, where the Mexican courts never acquired any jurisdiction of the
marriage status or of the parties, the purported decree of divorce rendered therein
was a nullity. (People v. Harlow, 9 Cal. App. 2d 643).
This analysis reasonably
leads to the conclusion that Mexico “mail order” or “quick” divorces are
generally unenforceable. To determine
whether a specific Mexico divorce is enforceable or not in California,
interested parties shall consult with competent legal counsel.
Mauricio Leon
de la Barra is an international law attorney licensed to practice law in Mexico
and California, and has more than 15 years of experience representing clients
in business and real estate transactions and litigation involving
international, U.S. and Mexican laws.
.