If divorce in another state and BOTH spouses participate, it will be honored in NY; it cannot be collaterally attacked; and it is res judicata as to all issues that could have been raised.
If divorce ex parte in another state, it is prima facie valid in NY, but it can be collaterally attacked–must show spouse who got a divorce was not a domiciliary of the other state (just went there for the sake of getting a divorce).
- A divorce in a foreign country will be honored in NY if BOTH spouses participated under
- the doctrine of comity. HOWEVER, if only ONE spouse participated, it is INVALID.