ATTACK ON DECREES OF DIVORCE

Authors

Albert C. Jacobs, Columbia University

Abstract

This paper deals with attacks on decrees of divorce. The attack may arise in the state of the divorce or elsewhere. F-1 is used to designate the state in which the divorce was granted; F-2 a state other than that in which the decree in' question was rendered. The attack in F-1 may be on purely local or non-jurisdictional grounds, such as fraud, collusion, duress or perjury, or upon the ground that the proper jurisdictional requirements were lacking. The attack in F-2 will generally be on jurisdictional grounds, though in certain situations a decree has been impeached for non-jurisdictional factors. The methodology adopted has been to consider an attack in F-1 and in F-2 respectively by: (I) the libellant; (II) the libellee or respondent; (III) a second spouse of one of the divorced parties; (IV) children; and (V) other third parties including legal representatives or grantees of a divorced party as well as persons in no way connected with one of the divorce litigants.

Recommended Citation

Albert C. Jacobs, ATTACK ON DECREES OF DIVORCE, 34 Mich. L. Rev. 749 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/2