Legal Definitions - migratory divorce

Migratory divorce refers to a situation where one spouse moves to a different legal jurisdiction (such as another state or country) primarily to obtain a divorce under that jurisdiction's laws, often because those laws are more favorable or allow for a quicker divorce than their original home jurisdiction.

The key characteristic is the intent behind the move: it's not about establishing a new permanent home, but rather about strategically utilizing a different legal system for the divorce process. This practice can sometimes lead to questions about the validity of the divorce, especially regarding whether the new jurisdiction truly had the legal authority (jurisdiction) to grant it, and whether other jurisdictions will recognize the divorce as legitimate.

• Example 1: Seeking a Quicker Process

  Imagine Sarah and Mark live in State A, which requires a two-year separation period before a divorce can be finalized. Sarah, eager to move on, learns that State B, just across the border, allows for a no-fault divorce with only a three-month residency requirement. Sarah rents a small apartment in State B, lives there for the minimum three months, files for divorce, and then plans to return to State A once the divorce is granted. This would be considered a migratory divorce because Sarah's primary reason for moving to State B was to bypass State A's longer waiting period, not to establish a new permanent residence.

• Example 2: International Divorce Shopping

  Consider David and Emily, who are citizens and residents of Country X, where divorce is only granted under very specific, difficult-to-prove grounds like adultery or extreme cruelty. David, wanting a simpler divorce, travels to Country Y, which is known for its "quickie" divorces based on minimal residency and no-fault principles. He stays in Country Y for the required short period, obtains a divorce decree, and then returns to Country X. This is a migratory divorce because David intentionally moved to Country Y solely to take advantage of its more lenient divorce laws, rather than genuinely relocating his life there.

• Example 3: Favorable Legal Outcomes

  Suppose Robert and Lisa live in State C, which has laws that tend to favor the higher-earning spouse in property division. Lisa, who earns significantly less than Robert, learns that State D has community property laws that would likely result in a more equitable division of assets for her. She moves to State D, establishes the minimum residency required, files for divorce, and intends to secure a more favorable financial outcome before potentially moving back or elsewhere. This scenario illustrates a migratory divorce because Lisa's move was strategically motivated by the desire to benefit from State D's specific divorce laws regarding asset distribution.