Williams v. State of North Carolina (1942)
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| Williams v. State of North Carolina (1942) | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | December 21, 1942 |
| Appealed from | North Carolina Supreme Court |
| Overturned | Haddock v. Haddock |
| Followed by | |
| Williams v. State of North Carolina (1945) | |
Facts
2 North Carolina residents Williams & Hendrix married each other people traveled together to Las Vegas, Nevada, in May 1940.
In June 1940, Williams & Hendrix divorced their former spouses to marry each other. The newly-wed couple in Nevada had their former spouses outside of Nevada. Mrs. Williams was served divorce papers in North Carolina. The 2 former spouses ignored the Nevada divorce proceedings.
The marriage of Williams & Hendrix was recognized by a Nevada court. However, they returned to North Carolina where they were charged with bigamy.Procedural History
The trial court & North Carolina Supreme Court convicts the Williams & Hendrix couple of bigamy.
Issues
When must a state honor a divorce decree issued by another state?
Arguments
The prosecution argued that North Carolina isn't supposed to recognize the Nevada divorce because the North Carolina former spouses weren't served in Nevada & didn't appear in a Nevada court.
Holding
The Full Faith and Credit Clause (Article IV, ยง 1) requires a state to honor another state's divorce decree.
Rule
Courts exercise jurisdiction over marriage under In Rem jurisdiction where the "thing" is the "marriage."
Resources
