In modern society, the role of marriage and its termination through divorce have become political issues.
As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine: When people's lives were mostly confined to a single state, local court orders for maintenance and child support, and for contact with, and parental responsibility for, any children of the family were administered through a relatively trouble-free system.
But the majority of more secular states make no fault divorce a relatively automatic process to reflect the reality that the marriage has broken down, sometimes without the need for both parties to attend at a hearing.
This has caused a major shift in social policy in many countries because, if divorce is no longer of major juridical significance in the majority of states around the world, the rules for the international recognition and enforcement of foreign divorces also no longer require cautiously framed rules.
In 1997 the Uniform Child Custody Enforcement Jurisdiction Act (UCCJEA) was created to address the question of which state has jurisdiction over a child custody case.
The UCCJEA primarily rules jurisdiction goes with the state of habitual residence of the child.
Insisting on a test under Greek law may not produce a fair or relevant result.
In the common law, marriage can produce a common domicile for the spouses with the wife taking the domicile of the husband.
Jurisdiction is allowed to the courts of the Member State in which one or both spouses had a common domicile, a common nationality or were habitually resident.In both cases, once jurisdiction has been established, the lex fori will be applied to determine whether the local ground(s) of divorce have been satisfied and, if so, the marriage will be terminated with or without ancillary orders being made.Since this is an issue affecting the status of the parties, the standard choice of law rules would be either: Although the law of the nationality may be reasonably easy to identify since it is often merely a matter of registration in the given country, a person may have, say, a Greek nationality but have had a permanent residence in New York State for twenty years without becoming a naturalised American.This problem is aggravated by the rules relating to the revival of the domicile of origin when a domicile of choice is abandoned.For example, a husband with a domicile of origin in Japan establishes a domicile of choice in China where he marries a woman with a French domicile.Divorce laws allow the parents to file the divorce in either state.However, custody laws only allow jurisdiction to exist in the state where the child or children reside.Three public policies are relevant in the general conflict system: A distinction must be made between forms of divorce that are based in a court system administered under a system of law, and divorces that take place in quasi- or extrajudicial setting, i.e.without any formal supervision from the local court system.This has produced serious problems for the parties and for the court systems which are now expected to accept jurisdiction over persons sometimes only transiently within their territorial boundaries, and to enforce the judgments and orders of foreign courts.These more technical problems can be made worse by any personal animosity between the parties which contributed to the marital breakdown.In some more extreme cases, spouses move themselves and/or their assets to other jurisdictions to evade their obligations or liabilities, or they move to establish personal jurisdiction so that they can engage in forum shopping.Hence, suppose a German man marries a Turkish woman and they live in Poland until the breakdown, at which point the wife goes to Nevada because she has heard that the courts of the U. allow quick divorces and give generous maintenance and property settlement awards. The majority of states recognize the family as the natural grouping upon which society and culture are based, and guarantee to protect the institution in their constitutions both as the source of social order and as indispensable to the future welfare of their nations.But, as the borders between states became increasingly porous, people moved in search of employment, to build businesses or, simply, because they could.