ATTACK ON DECREES OF DIVORCE
Jacobs, Albert C.
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- 1965Pryor v. Pryor Md.
- 1943Bloomquist v. Thomas Minn.
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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.