Scott

Defendant Winifred C. Scott appeals from a judgment in a declaratory relief action decreeing that a divorce procured by plaintiff from her in the District of Bravos, State of Chihuahua, Republic of Mexico, on March 17, 1956, was valid.

Chronology

i. January 10, 1931, plaintiff and defendant Winifred were married.

ii. July 9, 1948, they separated.

iii. In 1952 plaintiff procured a Mexican divorce from Winifred in Juarez, Chihuahua, Mexico.

iv. December 5, 1952, plaintiff married defendant Elli Scott.

v. December 11, 1952, Winifred filed a separate maintenance action against plaintiff in the Superior Court of Los Angeles County.

vi. May 9, 1953, the Superior Court of Los Angeles County awarded Winifred separate maintenance and held *251 that the Mexican divorce decree procured by plaintiff in 1952 was invalid.

vii. In January 1955 plaintiff, having retired from the United States Army, went to Guadalajara, in the State of Jalisco, Republic of Mexico, and employed an attorney to obtain another divorce from Winifred. The attorney filed an action in the State of Jalisco, but the judge refused to hear the ease, saying that, so far as he was concerned, the Mexican divorce which…

I concur in the judgment.

Under the full faith and credit clause of the United States Constitution, the United States Supreme Court determines what effect state courts will accord judgments of courts of sister states.

As to judgments of courts of foreign countries, however, state courts have generally held that state law is controlling in the absence of treaties or federal legislation. (See Reese, The Status in This Country of Judgments Rendered Abroad, 50 Columb. L. Rev. 783, 787.) For the most part they have followed the rules applicable to judgments of courts of sister states. Given the customary invocation of domicile as the touchstone of divorce jurisdiction in this country, they have generally invoked it also as to divorce decrees of courts of foreign countries. They have refused to recognize such decrees, absent the domicile of either party in the other country, even when that country does not require domicile as a basis for divorce. (See 28 N.Y.U.L.Rev. 742, 743-745.)

Critics, however, have pointed out that a country other than *255 the domicile may have a legitimate interest in the marital status of the parties, even though it does not accept the common law…

McCOMB, J.

Defendant Winifred C. Scott appeals from a judgment in a declaratory relief action decreeing that a divorce procured by plaintiff from her in the District of Bravos, State of Chihuahua, Republic of Mexico, on March 17, 1956, was valid.

Chronology

i. January 10, 1931, plaintiff and defendant Winifred were married.

ii. July 9, 1948, they separated.

iii. In 1952 plaintiff procured a Mexican divorce from Winifred in Juarez, Chihuahua, Mexico.

iv. December 5, 1952, plaintiff married defendant Elli Scott.

v. December 11, 1952, Winifred filed a separate maintenance action against plaintiff in the Superior Court of Los Angeles County.

vi. May 9, 1953, the Superior Court of Los Angeles County awarded Winifred separate maintenance and held that the Mexican divorce decree procured by plaintiff in 1952 was invalid.

vii. In January 1955 plaintiff, having retired from the United States Army, went to Guadalajara, in the State of Jalisco, Republic of Mexico, and employed an attorney to obtain another divorce from Winifred. The attorney filed an action in the State of Jalisco, but the judge refused to hear the case, saying that, so far as he was concerned, the Mexican divorce…