Newspapers / The Yancey Journal (Burnsville, … / Sept. 21, 1967, edition 1 / Page 6
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THE YANCEY RECORD THIS IS THE LAW By: Robert E. Lee (For the N. C. Bar Association) nsvada divorces Are divorces obtained in other states recognized in North Caro* lina? The “full faith and credit” clause of the Federal Constitu tion requires North Carolina to honor divorce decrees of a sister state ot tne American Union. But this does not mean that all divorce decrees granted in Nev ada, Florida, or some other sia ter state of necessity will have to be recognized in North Carolina. The North Carolina court may find, as it has, that the sister state did not have jurisdiction because neither of the spouses was a bona fide resident of the state at the time the decree was rendered. This happened in the celebrated case of Williams vs. North Carolina approved by the Supreme of the United States in 1945. 1 ■ OLDSMOBILE gfP' * X 7 It's tough. There are over 500 different makes and models of domestic and foreign automobiles to choose from, if you really want to shop around. But finding the right loan is simple. It's as near as Northwestern. The interest rate is low, probably lower tban you d ex P ect - You choose the payment plan —24, 30 or 36 g-X-jShVl g months - Stop by and check on this Northwestern special for new lY J Car buyerS> It>S ° ne of the best thin S s a bank ever came up with. THE NORTHWESTERN BANK m A North Carolinian wait to Nevada, remained there only tor the six weeks residence required under law of Nevada, and re turned with a new wife. North Carolina refused to recognize the Nevada divorce under the facts of the particular case. He was convicted of the criminal charge of bigamy. In the Williams vs. North Car olina case the plaintiff did not acquire an actual residence in Nevada and the defendant was never served with any kind of legal paper in Nevada and did not make an appearance, either personally or through an attor ney, in the Nevada court. One should not, however, get the impression that North Caro lina will never recognize divor ces obtained by its citizens in other states. Sometimes it will and sometimes it will not, de pending upon the farts of the particular case. The divorce will V be recognized in North Carolina, for example, if both parties have personalty appeared in the court cf the divorcing state. If the defendant appears and partici pating in the divorce proceeding, he has had his “day in c^irt.” Furthermore, if a husband leaves his wife in North Caro lina and goes into another state and there establishes an actual residence or bona fide domicile, any divorce he obtains in the other state is entitled to recog nition in North Carolina as for as it effects a dissolution of the marriage. This is true even tho ugh his wife never goes into the state which renders the divorce decree. In Williams v. North Carolina the husband never acquired a legal residence or domicile in Nevada for the purpose of giv ing to the court of Nevada jur isdiction over his marital status. While in Nevada be stayed in a tourist auto court. He never ab andoned his intention of return ing to North Carolina. He ob viously did not go to Nevada THURSDAY, SEPT. SI, 19CT Wolf Visiting Daniel Boone Council Mr. Edgar W. Wolf, National Director cf the Rural Relation ships Service, Boy Scouts of America, will visit the Daniel Boone Council on September 10, SI, and SS. Mr. Wolf will aid all 14 counties of the council in help with the intention of remaining there permanently or indefinit ely. If a divorce has been obtained in a state where only one of the parties has a bona fide domicile, and the other spouse has not been personally served with pro cess papers in that state and does not participate in the di vorce proceeding, the divorce decree dissolves the marital sta tus but It does not affect the personal and property rights in cidental to the marriage rela tion. In other words, such a divorce is valid for soma purpo ses and not for others. ing to reach the rural boys of the council. Mr. Wolf became a district Scout Executive in 1938 and af ter serving in several councils he became Assistant National Director of the Rural Relation ships Service in 1961, and then assumed his present position in 1957. Clayton Doty, Scout Execu tive of the Daniel Boone Council reported that several meetings have already been lined up with key volunteers in the council so that “hard to reach boys” will be given the opportunity to be Scouts. The Daniel Boone Coun cil is composed of the following counties of Western. North Carolina: Buncombe, Henderson, Macon, Transylvania; Jackson, Haywood, CTav, Swain, Graham, Cherokee. Madison, Yancey, Mit chell and Avery.
The Yancey Journal (Burnsville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 21, 1967, edition 1
6
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