Sherrer v. Sherrer

334 U.S. 343 (1948)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married in 1930 and lived most of the time since then in Massachusetts. After some marital discord, W left and went to Florida and then filed a divorce complaint in that state. H received notice and hired an attorney to make an appearance denying W's allegations in the divorce and W's Florida residence. During the first hearing, W introduced evidence of her Florida residency and testified about the allegations in her complaint. Counsel for H did not cross-examine or introduce evidence to rebut. A decree of divorce was issued by the Florida court. H failed to challenge the decree, which stated that the Florida court had jurisdiction. After the divorce, W was joined by Henry who was known to H while living in Massachusetts. A little over one year from the granting of the divorce, W and Henry moved back to Massachusetts. H then instituted an action in Massachusetts alleging that the Florida decree was invalid. The Massachusetts court found that W was never domiciled in Florida and granted H the relief he requested. The Supreme Judicial Court affirmed based on the fact that full faith and credit did not prohibit them from reexamining the finding of domicile made in Florida.