Section 27.12 Divisible Divorce Actions

• Library: Family Law Deskbook and 2014 Supp

A. (§27.12) Divisible Divorce Actions

The concept of divisible divorce recognizes that a divorce proceeding has two separate aspects:

1. Relating to the existence of the marriage itself

2. Relating to personal property rights

The property interest and support obligations of a litigant cannot be adjudicated ex parte. The adjudication of the
duties of maintenance and support requires in personam jurisdiction:

· through general appearance in the action;

· through personal service of summons in the forum state; or

· in accordance with applicable long-arm statutes.

See Estin v. Estin, 334 U.S. 541 (1948). In Estin, the husband procured a divorce in Nevada following the earlier issuance of a support order in New York. The decree of the Nevada court purported to eliminate the wife’s claim for support under the earlier New York judgment, even though the Nevada court had never obtained personal jurisdiction over the wife. The Supreme Court held that the New York court was only required to recognize the Nevada decree insofar as the decree granted the divorce and that New York did not need to give full faith and credit to that portion of the Nevada judgment eliminating the wife’s entitlement to support. The Court stated, “The result in this situation is to make the divorce divisible—to give effect to the Nevada decree insofar as it affects marital status and to make it ineffective on the issue of...