Untitled Document

Uniform Divorce Recognition Act Applicability of the Uniform Divorce Recognition Act

The Uniform Divorce Recognition Act has been adopted by seven states: California, Nebraska, New Hampshire, North Dakota, Rhode Island, South Carolina, and Wisconsin. The Act applies only to those seven states. The Act does not apply to any other state.

Provisions of the Act

The provisions of the Act concern situations in which a state will not recognize an out-of-state divorce. The Act provides that a state that has enacted the Act ("enacting state") will not recognize an out-of-state divorce if both parties to the divorce were "domiciled" in the enacting state at the time of the divorce. Under the Act, a person was domiciled in the enacting state if:

(1) the person resided in the enacting state within 12 months before the commencement of the divorce, and the person resumed residence in the enacting state within 18 months after the date of the person's departure from the enacting state; or

(2) the person maintained a place of residence in the enacting state at all times after the person's departure from the enacting state and until the person's return to the enacting state.