Parties were married in India. They moved to Illinois.
Husband filed a petition for divorce in India. His wife filed a petition for divorce in Illinois.
Husband filed a petition to dismiss Wife’s petition in Illinois. He said he filed first. The Trial Court denied Husband’s motion. The case went up on appeal.
There is a strong public policy in favor of deciding marital questions locally. There is a strong tie to the county they lived in. Where the marital home is located. And where the children of the marriage live.
The Appellate Court considered all of the relevant factors. They were not in favor of dismissing the Illinois case.
Would a divorce decree from India be good in the U.S.? It will be if it is entitled to full faith and credit. That is granted by our Constitution. That issue was analyzed.
The full faith and credit clause applies to judgments issued by sister states. That means states in the U.S.. It does not normally apply to divorce judgments issued by foreign countries.
Wife filed her case in Illinois where she and her husband lived. Both parties could have easily appeared in Illinois. Most of the evidence was located in Illinois. The marital home and the child were located in Illinois.
It would have been unfair to send everyone off to India for the divorce. It would be overly expensive. The parties had lived in Illinois most of their married lives. It was right to keep the divorce case in Illinois.
IRMO MURUGESH AND KASILINGAM, 2013 IL App (3d) 110228.
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