Georgia treats a marriage or divorce from another country differently from a sister state’s, and the difference can decide whether you are married at all.
Full Faith and Credit Does Not Reach That Far
The full faith and credit clause of the United States Constitution binds Georgia to the judgments of other states. It “has no application to a judgment or decree obtained in a foreign country.” Christopher v. Christopher, 198 Ga. 361 (1944).
What Applies Instead
Comity does, and it is conditional. Comity will be applied “only in a case where the laws and judicial proceedings of a foreign jurisdiction do not involve anything immoral, contrary to public policy, or violative of the conscience of this State.” Christopher, 198 Ga. 361.
Georgia’s own statute assumes foreign marriages will often be honored. OCGA 19-3-43(b) refers in passing to “a lawful marriage solemnized in another state or country.”
Why It Matters to a Marriage
Christopher shows how a foreign decree can reach forward into a later marriage. A woman obtained a divorce from her first husband in Chihuahua, Mexico, by swearing to a residence there that she did not have. The Supreme Court of Georgia held the Mexican decree void for want of jurisdiction and contrary to Georgia’s public policy, so Georgia would not recognize it under comity.
The consequence was not confined to the decree. Because her first marriage had never been dissolved in the eyes of Georgia law, she “was incompetent to contract marriage with another,” and her later marriage was null and void. She was awarded no divorce, no alimony, and no attorney’s fees.
The Practical Point
If any link in the chain runs through a foreign court, the question is not whether that court had power at home, but whether Georgia will extend comity to it.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!