Kazin v. Kazin

405 A.2d 360 (1979)

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Nature of the Case

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Facts

Clara (W) was married to Jesse in 1953 and had four children. In 1969, Jesse left W and their children to live with another woman. W refused a divorce. W then met Michael (H) and H proposed marriage W obtained a Mexican divorce decree from Jesse, and then she married H one month later. They lived together until 1976 when H moved from the house. W then instituted an action for divorce and H opposed that action by claiming that they were not validly married; the Mexican divorce decree was not valid. Evidence showed that H was the one who proposed the Mexican divorce in the Newark law offices of his attorney. The attorney assured the parties that the Mexican divorce was legal. Based on no alimony and minimal support for the four children, Jesse signed onto the deal. H arranged for W to go to Mexico and obtain the divorce. H even paid all the expenses and accompanied here there. Jesse corroborated W's version of the story. H's story was different, but it was clear that all the parties had relied on the Mexican divorce decree. The trial court concluded that H was estopped from asserting the invalidity of the Mexican decree. However, the court ruled that because the divorce was void, W could not prove a valid marriage and was not entitled to dissolution of support. The Appeals court affirmed.