To recognize an out-of-state divorce, what condition must the rendering court have?

• A. Subject matter jurisdiction: One spouse domiciled in the state
• B. Personal jurisdiction over the other spouse
• C. The case must be filed in the other state
• D. The child must reside in state

Answer: (A)

Recognizing an out-of-state divorce rests on the rendering court having proper subject matter jurisdiction. In divorce cases, subject matter jurisdiction is typically established when one spouse is domiciled in the rendering state. That connection gives the court the authority to grant the dissolution, and the decree can then be given full faith and credit by other states if due process occurred. If the rendering court lacked subject matter jurisdiction (for example, neither spouse being domiciled there), the decree would not be recognized elsewhere.

The other options miss the key point: the case does not need to be filed in the other state for recognition, the child’s residence is not the determining factor for recognizing the divorce, and while personal jurisdiction over the other spouse is relevant to the original proceedings, the essential gating factor for recognition is that the rendering court had subject matter jurisdiction via domicile in the rendering state.