New-York tribune., 1909-03-10
LETTERS TO THE EDITOR
SOUTH DAKOTA DIVORCE.
Its International ASDectS IN the Light
of English Lac.
To the Editor Of The Tribune.

To the Editor of The Tribune.
Sir: So much misunderstanding has been shown
in the discussion by English and American news
papers Of South Dakota divorces that the subject.
to the in the street. appears as seen through
a glass darkly It may be Of some interest to see
the situation as It appears to a member Of the
English bar. From international point OF view
! there three kinds of South Dakota divorces
/ the fraudulent, the local and the genuine Inc
/ fraudulent divorce is not valid in South Da-
kota although obtained there). because the local
requirements have not been satisfied The local
divorce is one valid only within the state. The
7 genuine divorce is one valid everywhere
The two cases most quoted as South Dakota
divorces have really nothing to do with that state
and are worthless as exampes-Russell agt. Rus
sell and Coke agt. Coke. Both are invalid in the
states where they obtained-Nevada and Ne
braska, respectively.
According eminent counsel in Sioux Falls the
law is in a most unsatisfactory state regards
international marriage and dlTorce Each country
possesses the right to determine the matrimonial
status its subjects, and there are many
fine distinctions to be observed that It is difficult
10 form any rules which Will apply to even a
majority Of cases There is international trb-
una which is a court of last resort in such cases;
and when, often happens, the citizenship Of the
TtGant is adverse, and there exist property in
terests not within the jurisdiction. there is
legal authority which adiudicate the rights of
the contestants and fix by any uniform rule their
matrimonial status and their respective property
rights.
1t is on this account that. while international
( marriages and divorces have been numerous. few
of them have found their way into the reports Of
leading cases The great majority OF intricate
do get into the papers, for obvious reasons,
and have been disposed of by negotiations, leading
TO contracts and settlements entered into between
the Itigants.
The question Of good faith in the requirement of
South Dakota domicle by an allen is important
If an alien spends a few weeks occasionally at a
local hotel during the period of six months resi-
dence formerly required now year,, obtains
an order OF service by publication and remarries
out Of the state Of South Dakota, the decree would
naturally be held invalid In England If, however,
a recent case (Coles agt. Coes) the peti-
toner a British subject, leased Il house within the
state, took out preliminary papers of naturaliza-
tion completed the required period of residence
sent her attorney abroad TO make personal service
the respondent at his place of residence (ac-
companed by the deputy corsul general of the
United States), and then brought suit in the state
court when the respondent appeared by counsel
and contested the action; the English courts would
probably recognize the validity of the decree, al
though the question in this exact form has never
been brought up. The. English courts slow to
recognize the rights of wife To acquire separate
domice. The attendant circumstances in such
event would be closely scrutinized When. how
the husband recognizes the separate domicile
OF the wife. Il Is another matter.
A South Dakota decree secured by alien
woman would depend to a great extent on the
I recognition and admission Of the wife's domIcile
by her husband The point is important the
bona ides of the domcile necessary personal
service, and much to be wished for as appear
ance Of the respondent by counsel.
English women. on account OF the difficulty in
obtaining a divorce in England occasionally become
bona fde residents Of South Dakota In order
obtain English divorce. English woman
prove both adultery and cruelty. adultery
and deserton. Cruelty" may be held 10 be either
physical or otherwise, and the worst kind of
city Is always physical In order prove de-
sertiou in certain English woman must
first bring suit against her husband for restitution
Of conjugaI rights. The failure of her husband 10
obey such order Is evidence OF desertion. It IS
easy % why English woman, whose husband
IS notoriously unfaithful but not cruel IN the
legal sense. should be tempted to become in good
faith a resident OF South Dakota.
tained indefinitely in defiance of all modern ideas
Of right The late president of the Divorce Court
enters the House OF Lords with the avowed pur-
pose OF bringing in bill to place the English law
Of divorce upon basis more fitted to the condi-
tlons of modern life. and that is Just to the
a South Dakota decree obtained in good faith by
alien. with due regard TO all these points. including
residence IN leased house and the taking out of
the first naturalization papers. would probably he
a valid In England in the United States. al
though the matter might be carried to the House OF
Lords. WALTER PHELPS DODGE.
New York March 8, 1909.