Fink v. Fin

346 N.E.2d 415 (1976)

Facts

Walter and Mary were married in 1943 and separate in 1970. At the time of trial, their youngest child was 18. Mary (P) obtained a decree of separation and maintenance against Walter (D) in Peoria County. In 1972, D took most of his personal property and moved to Reno on June 6, 1972. D was a teacher and had annual yearly contracts but did not resign from his teaching at a Junior College in Illinois. D retained a checking and savings account in Peoria. D did write to an attorney in Reno about obtaining a divorce in 1971. D spent a total of 73 days in Reno. While there, D inquired about work, rented a furnished apartment, and took a temporary job as a cab driver. D surrendered his Illinois driver's license and soon after arrival, filed suit for a divorce. D obtained service of process on W, who disregarded the proceedings. D obtained a decree of divorce by default and incorporated into that decree were the terms of the separate maintenance decree from Illinois. Not having found any suitable teaching positions in Reno, D drove 50 miles to Lake Tahoe and camped in a tent for two nights and made one inquiry into teaching for the fall. D then returned to Peoria, re-rented the same room from his landlord and resumed his teaching duties. Relying on the divorce decree from Nevada, D married his girlfriend, Susan Smith. The trial court held the divorce decree from Nevada was entitled to full faith and credit unless the Nevada domicile was fraudulently obtained. P appealed.