Legal Definitions - Uniform Divorce Recognition Act

The Uniform Divorce Recognition Act (UDRA) is a model law, first introduced in 1947, designed to help states recognize divorces granted in other states. Its main purpose is to address situations where a person obtains a divorce in one state and then moves to another, ensuring that the new state respects the validity of the original divorce decree. This prevents legal complications and ensures that a divorce properly granted in one jurisdiction is given legal effect across state lines, particularly when issues like property division or child custody might arise later.

Here are a few examples illustrating how the UDRA applies:

• Example 1: Interstate Divorce Validity
  Scenario: Sarah and Mark live in New York. Mark travels to Nevada, establishes temporary residency, and obtains a divorce there because Nevada has a shorter residency requirement for divorce than New York. After the Nevada divorce is finalized, Mark returns to New York. How UDRA Applies: If New York has adopted the UDRA (or similar legal principles), it would likely recognize the Nevada divorce as valid, provided Mark met Nevada's legal requirements and the divorce process was fair. The UDRA helps ensure that New York doesn't simply declare the Nevada divorce invalid, preventing Mark from being considered still married in New York while legally divorced in Nevada. This avoids confusion about his marital status and any subsequent legal actions.
• Example 2: Remarriage and Property Rights
  Scenario: David and Emily divorce in State X, which has adopted the UDRA. David then moves to State Y, remarries Lisa, and later acquires significant property there. Years later, David passes away in State Y. How UDRA Applies: The UDRA helps ensure that State Y recognizes David's divorce from Emily, which was granted in State X. This recognition is crucial for the legal validity of his marriage to Lisa. If State Y did not recognize the first divorce, David's marriage to Lisa could be considered invalid, leading to complex legal disputes regarding inheritance, property distribution, and who the legal beneficiaries are after his death. The UDRA provides a framework for State Y to accept the legitimacy of the State X divorce.
• Example 3: Foundation for Enforcement of Orders
  Scenario: Maria and Juan divorce in State P, where a court issues orders for child custody and support. Juan then moves with the children to State Q, and Maria needs to enforce the child support payments or modify the custody arrangement. How UDRA Applies: While other specific uniform acts (like the Uniform Interstate Family Support Act or Uniform Child Custody Jurisdiction and Enforcement Act) directly govern the enforcement of child support and custody orders across state lines, the UDRA provides the foundational principle for recognizing the validity of the original divorce decree itself. By ensuring State Q recognizes the divorce granted in State P, the UDRA helps establish the legal basis upon which the subsequent custody and support orders can then be enforced or modified in the new state. It confirms that the marital dissolution, and thus the authority for the related orders, is legitimate.