Rosenstiel v. Rosenstiel, 16 N.Y.2d 64 (1965)
A bilateral foreign divorce decree, obtained when both parties appeared in the foreign jurisdiction, is generally recognized as valid in New York, even if the jurisdictional basis in the foreign court was questionable.
Summary
This case concerns the validity of a Mexican divorce decree in New York. The parties, New York residents, obtained a divorce in Mexico where both appeared personally or through counsel. The husband then remarried, and the first wife challenged the validity of the Mexican divorce to claim rights as his widow. The New York Court of Appeals held the Mexican divorce valid, emphasizing that both parties participated in the Mexican proceeding. The court reasoned that allowing collateral attacks on such decrees would undermine the stability of marital status and create uncertainty. The dissent argued that the Mexican decree should not be recognized because the jurisdictional basis was questionable.
Facts
Mr. and Mrs. Rosenstiel were married. They experienced marital difficulties, leading them to seek a divorce. They traveled to Mexico and obtained a divorce decree. Both parties appeared in the Mexican court, either personally or through an authorized attorney. The husband remarried after obtaining the Mexican divorce. The first wife challenged the validity of the Mexican divorce after the husband’s death, seeking to assert rights as his widow.
Procedural History
The lower court initially ruled against the validity of the Mexican divorce decree. The Appellate Division reversed, upholding the divorce. The New York Court of Appeals affirmed the Appellate Division’s decision, finding the divorce decree valid and not subject to collateral attack.
Issue(s)
Whether a bilateral Mexican divorce decree, obtained with the appearance of both parties, is subject to collateral attack in New York based on the lack of a valid jurisdictional basis in Mexico.
Holding
No, because New York recognizes the validity of foreign divorce decrees when both parties appeared in the foreign jurisdiction, regardless of the questionable jurisdictional basis in that jurisdiction. The Court emphasized the importance of recognizing such decrees to maintain marital stability and avoid creating uncertainty.
Court’s Reasoning
The Court reasoned that the Mexican divorce decree should be recognized because both parties participated in the proceeding. The Court acknowledged the dubious jurisdictional basis in Mexico but prioritized the stability of marital status in New York. It determined that New York public policy supported the recognition of bilateral foreign divorce decrees. The court referenced "a rule of law which is responsive to the needs of stability and regularity in relations of domestic status." The Court noted the dangers of allowing collateral attacks on divorce decrees, stating, "To allow a collateral attack… would be to introduce chaos into a field of law where certainty and predictability are highly desirable." Judge Van Voorhis dissented, arguing that if the Mexican decree was defective, it should not be upheld in New York. Van Voorhis believed that collateral attack should not be disallowed based on the existence of a prior marriage and separation agreement.