Divorce Decree Knows No State Boundaries
Video Transcript: Is my divorce decree going to be respected across state lines? Hi, I’m Ty Smith, an OKC lawyer with Wirth Law.
And this is an important one because there’s a misconception out there that potentially because I got a divorce in Oklahoma, it might not be fully respected in Texas or Kansas, or the divorce decree won’t be respected in those states.
Well, good news. Due to what’s called the Full Faith and Credit Clause of the Constitution, which is Article IV, Section 1, it says that states have to respect the public court’s records. And I’m going to quote here, so forgive me if I’m looking off-screen: “The public court’s records and judicial proceedings of every other state.” Okay? So barring some exceptional circumstance that makes it to where it’s not in the state’s best interest to respect another state’s court orders or things like that. Or unless that court maybe, I don’t know, that court that issued it maybe lacked jurisdiction over the case.
Even if the state disagrees necessarily with what the judge ordered, they still, do to the Full Faith and Credit Clause, have to respect it. This is the top of the law, the Constitution, that says as much. So if one state says you’re divorced and issues a decree saying as much, then it’s got to be respected.
If you have any questions regarding marriage as far as dissolution of marriage, or really anything family law related, I can answer this question, would love to speak to you about those things. Once more, I’m Ty Smith, an Oklahoma divorce attorney with Wirth Law. You can find me at theoklahomacityattorney.com, or you can call my office at (405) 888-5400. I thank you for your time and I look forward to hearing from you.
