Fink v. Fink

346 N.E.2d 415 (1976)

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Nature of the Case

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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.