If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

The Connecticut Supreme Court rendered full faith and credit to a New York divorce judgment, because the wife was given notice by publication, and service was rendered to her last established address.

The parties separated on January 8, 1973, and the plaintiff wife moved to New York. On January 31, 1973 the wife moved to another New York location. The defendant husband was unable to locate her. On April 10, 1974 the husband filed an action for divorce in New York, with notice submitted by publication and service made to her last known address. On May 22, 1974 the wife filed for divorce in Connecticut. The husband moved to dismiss, because an ex parte divorce had been granted in the prior New York proceeding. The wife appealed, claiming that divorce had been granted in New York based on the defendant husband’s false representations and allegations.

The Connecticut Supreme Court affirmed the motion to dismiss. By law, full faith and credit is allocated to the proper judgments of a foreign state. While the plaintiff alleges fraud and misrepresentation, a Connecticut court requires a finding of material fact to otherwise correct a foreign state’s finding. In addition, the plaintiff was supplied with sufficient notice. A court does not question whether a party receives actual notice, but whether reasonable steps had been taken to give her notice. The notice by publication, in addition to service to the plaintiff’s only known address was reasonable.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Smith v. Smith, 389 A.2d 756 ; 1978 Conn. LEXIS 853 (Conn. 1978)