Sherrer v. Sherrer
United States Supreme Court
334 U.S. 343 (1948)
Mrs. Sherrer (defendant) obtained a Florida divorce after meeting the state's 90-day residency requirement; Mr. Sherrer (plaintiff) appeared through Florida counsel, contested her residency in his answer, but never cross-examined her or presented evidence on jurisdiction at the hearing, and the divorce was granted; he later sued in Massachusetts for desertion, and the Massachusetts courts refused to recognize the Florida decree, finding Mrs. Sherrer lacked bona fide Florida residency.
Whether a divorce decree may be collaterally attacked by the defendant on the grounds of jurisdiction where the decree was constitutionally issued in accordance with the laws of the issuing jurisdiction, the defendant participated in the divorce proceedings, and the defendant had full opportunity to litigate jurisdiction in those proceedings.