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settlementdivorce
settlementdivorce

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Andrews v. Andrews, 188 U.S. 14, 23 S.Ct. 237, 47 L.Ed. 366

Facts

Charles S. Andrews and Kate H. Andrews were married in Massachusetts in 1887. After a brief separation, Charles sought a divorce in South Dakota in 1891, claiming to be a resident there, although he intended to return to Massachusetts. The divorce was granted in 1892 after Kate consented to it under an agreement that included a financial settlement. Charles returned to Massachusetts and married Annie Andrews in 1893, living there until his death in 1897. After his death, both women claimed to be his lawful widow.

Charles S. Andrews and Kate H. Andrews were married in Massachusetts in 1887. After a brief separation, Charles sought a divorce in South Dakota in 1891, claiming to be a resident there, although he intended to return to Massachusetts. The divorce was granted in 1892 after Kate consented to it under an agreement that included a financial settlement. Charles returned to Massachusetts and married Annie Andrews in 1893, living there until his death in 1897. After his death, both women claimed to be his lawful widow.

Issue

The main legal issue was whether the divorce obtained by Charles S. Andrews in South Dakota was valid and enforceable in Massachusetts, given that he was domiciled in Massachusetts at the time.

The main legal issue was whether the divorce obtained by Charles S. Andrews in South Dakota was valid and enforceable in Massachusetts, given that he was domiciled in Massachusetts at the time.

Rule

Massachusetts law states that a divorce obtained in another state is valid only if the parties were bona fide residents of that state at the time of the divorce. If a Massachusetts resident goes to another state to obtain a divorce for a cause that would not be valid in Massachusetts, that divorce is void.

Massachusetts law states that a divorce obtained in another state is valid only if the parties were bona fide residents of that state at the time of the divorce. If a Massachusetts resident goes to another state to obtain a divorce for a cause that would not be valid in Massachusetts, that divorce is void.

Analysis

The court found that Charles S. Andrews had not established a bona fide domicile in South Dakota, as he had gone there solely to obtain a divorce while retaining his Massachusetts domicile. The court applied Massachusetts law, which prohibits recognition of divorces obtained under such circumstances, concluding that the South Dakota decree was void.

The court found that Charles S. Andrews had not established a bona fide domicile in South Dakota, as he had gone there solely to obtain a divorce while retaining his Massachusetts domicile. The court applied Massachusetts law, which prohibits recognition of divorces obtained under such circumstances, concluding that the South Dakota decree was void.

Conclusion

The Massachusetts Supreme Judicial Court affirmed the lower court's decision, ruling that Kate H. Andrews was the lawful widow of Charles S. Andrews and entitled to administer his estate.

The Massachusetts Supreme Judicial Court affirmed the lower court's decision, ruling that Kate H. Andrews was the lawful widow of Charles S. Andrews and entitled to administer his estate.

Who won?

Kate H. Andrews prevailed in the case because the court determined that the divorce obtained by Charles S. Andrews in South Dakota was void under Massachusetts law.

Kate H. Andrews prevailed in the case because the court determined that the divorce obtained by Charles S. Andrews in South Dakota was void under Massachusetts law.

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