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Williams v. North Carolina (1942)
''Williams v. North Carolina'', 317 U.S. 287 (1942), is a United States Supreme Court case in which the Court held that the federal government determines marriage and divorce statuses between state lines. Mr. Williams and Ms. Hendrix moved to Nevada and filed for divorce from their respective spouses. Once the divorces were final Mr. Williams and Ms. Hendrix were married and then moved back to North Carolina. They lived there together until they were charged by the state of North Carolina for bigamous cohabitation.
== Background ==
In 1942, divorce was not widely accepted in the United States. Statistics show that in 1942 the divorce rate was 2.8 people per 1,000 compared to 2011 when the rate was 500 per 1,000. In 1916 Mr. Williams married Ms. Carrie Wyke in North Carolina and resided there until May 1940. In 1920 Ms. Hendrix married Mr. Thomas Hendrix and lived in North Carolina until May 1940. In June Mr. Williams and Ms. Hendrix moved to Las Vegas, Nevada and on June 26, 1940 each filed for a divorce from their respective spouse. “The defendants in those divorce actions entered no appearance nor were they served with process in Nevada. In the case of defendant Thomas Hendrix service by publication was had by publication of the summons in a Las Vegas newspaper and by mailing a copy of the summons and complaint to his last post office address. In the case of defendant Carrie Williams a North Carolina sheriff delivered to her in North Carolina a copy of the summons and complaint”. Mr. Williams was given a decree of divorce on August 26, 1940 by the state of Nevada on the grounds of extreme cruelty, the court finding that 'the plaintiff has been and now is a bona fide and continuous resident of the County of Clark, State of Nevada, and had been such resident for more than six weeks immediately preceding the commencement of this action in the manner prescribed by law'. It was not until October 4, 1940 that Ms. Hendrix was declared divorced on the grounds of willful neglect and extreme cruelty and made the same finding as to this petitioner's bona fide residence in Nevada as it made in the case of Williams. On that same day, October 4, 1940, Mr. Williams and Ms. Hendrix were married in Las Vegas, Nevada. Soon after their marriage they returned to North Carolina where they lived together as man and wife until a lawsuit was filed against them.
Mr. Williams and Ms. Hendrix were prosecuted under the North Carolina law for bigamous cohabitation, or in layman’s terms, polygamy. They pleaded not guilty by offering copies of the Nevada divorce decree and argued that the divorce papers and their Nevada marriage were legal in both Nevada and North Carolina. The state of North Carolina argued that since neither of the defendants in the Nevada divorce were in Nevada nor entered an appeal there, North Carolina would not acknowledge the divorce in Nevada under the rule of Pridgen v. Pridgen, 203 N.C. 533. Furthermore, the state suggested that Mr. Williams and Ms. Hendrix did not go to Nevada to set up a bona fide residence but rather to take advantage of the laws of Nevada, where it is easier to get divorced than in North Carolina, to obtain a divorce through fraud upon that court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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