The St. Paul echo., 1926-01-23
MEXICO OFFERS
EASY DIVORCES
New Law in Sonora Permits
DEGREES by Mutual
Consent.

Consent.
New York.-Divorces on short no
tice are the latest attraction for win
ter tourists in Mexico. Under recent
legislation passed by the state Of
Sonora It is possible to obtain a de.
cree by mutual consent, usually In
four to six weeks.
Under the federal statutes Of Mex.
leo a foreigner enjoys all the rights
| Of q citizen In respect to actions al
law, including suits for divorce. So
nora has gone still further, author.
izing suits against nonresident de-
PENDANTS by means Of personal service
"0r such other means or mode of
service as may be authorized by the
laws Of the state or place where the
defendant resides or may be found"
As many states In the American Union
provide for service by publication, II
becomes possible to publish the notice
Of divorce action and then prose
cute the action In Sonora.
When service has been made upon
the defendant by any of the means
that are legal in his place Of resi-
dence, the Mexican court grants suffi-
Client time for him to answer to the
complaint. Ordinarily this delay does
not involve more than thirty days.
Confederation of charges may be es-
tablished "by witnesses in open court,
by dispositions or sworn statement
taken without the country by order of
the court or by other dOcumen-
tary evidence of such facts"
Two Glasses Of Divorces.
The Sonora statutes provide for
two classes Of divorce. The first, re-
lating to decree by mutual consent,
sets forth that the petition must be
signed by both parties alleging in
compatibility and 4 desire by both
parties to end the marriage relation"
Under the second clause divorce
may be had upon grounds set forth
In the civil code and without agree
ment. These grounds include adult
cry, abandonment Of the conjugal
home by either party for six months
and extreme cruelty. The second mar
rage of divorced person is prohibited
for 300 days of separation from the
first husband and wife, either before
or after divorce
Thus Sonora has extended to citi-
Gems and aliens the broadest divorce
privileges on the continent, with the
possible exception of Yucatan, anoth-
er Mexican state. Although the Yucca
tan DEGREES have been set aside in
several instances by American courts,
1t Is believed that the Sonora
DEGREES will have higher standing
when brought to issue. Treaties be-
tween Mexico and the United States
provide for mutual recognition of
court judgments. If these treaties be
maintained to the letter, there appar-
emily Is no reason why a Mexican de-
cree should not have all the force of
one obtained at home. But it also is
true that American courts are Jealous
Of their Jurisdiction over American
citizens and many times have empha-
sized that they will permit no other
judicial bodies to rule upon tho status
of such citizens. That att. ,Ide ID
particularly evident In New York.
Uncertain Status.
BY reason of these contradictions
the whole question Of divorce obtained
IN foreign countries is involved in
great uncertainty. But the worst pen
atty to be exacted Of a person d.
vorced where service Is made by pub
lication and the defendant does not
appear In person or by attorney
would be a second suit for divorce
BY the defendant in the first action.
A wife declared free in Sonora, where
there had been no such appearance,
might be sued at home by her hus-
band and divorced, although she had
obtained decree In the Mexican
state. But any criminal implications
for bigamy, in the event of a second
marriage, would be removed in prac-
tice because courts generally recog-
nlze that a decree of divorce relieves
the divorced person Of guilty intent.
Where all parties appear in the litiga-
ton, the courts usually hold them to
| the letter Of the decree, because, so
to speak, they have had their day in
court.
The principles Of law and all of the
uncertainties surrounding Mexican d.
vorce actions apply with equal force
to DEGREES from French courts. Many
well-known persons have obtained de-
crees in France that may not be hon.
Ored by their courts at home. Prop
erty values amounting to many mil
lions are likely to be brought In ques-
| ton because of these divorces and
the remarriages that have followed.
The French laws governing divorce
i, and the procedure followed are sub
ject of wide interest just now. David
May, New York lawyer and recognized
authority upon divorce laws, discussed
this matter in the light of recent de-
velopments.
France does not require any fixed
term of residence to begin a divorce
! action" he said, "and the plaintiff
may file notice of suit almost upon
arrival. Usually several months
elapse. 1t is then within the province
of the court to decide whether such
plaintiff has established residence In
FIR &c. Assuming that the court Is
satisfied upon this point, it next be.
comes necessary to effect service upon
the defendant. When such defendant
Is absent from France, perhaps living