Williams et al. v. State of North Carolina
Encyclopedia
Williams et al. v. the State of North Carolina, 315 U.S. 795 (1942), was a U.S. Supreme Court case in which the federal government decided marriage and divorce statuses between state lines. Mr. Williams and Ms. Hendrix moved to Nevada
and filed for divorce from their respected 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 and manipulating the state laws in their favor.
was engaged in World War II
under the presidency of Franklin D. Roosevelt
. As a result of the booming car industry, the mobilization of war efforts were quick and effective and changed the production of war weapons. Following the devastation of Pearl Harbor
nearly 120,000 Japanese Americans were sent to internment camps in America. The war in the Pacific was not going well and the United States lost Guam
, Hong Kong
, Wake, Singapore
and the Philippines
. However, in late 1942 the United States turned the war around with major offences at Midway
and the Coral Sea
and in November allied with forces in Europe and invaded North Africa. The war inspired a new generation of movies with war themes. That year Bing Crosby
also released “White Christmas,” one of the most famous songs of all time, which appeared in the film Holiday Inn. As depicted in the film, men and women were much more conservative than today and divorce was not considered acceptable. 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.
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.
of the Constitution
(Art. IV, 1) by reason of Haddock v. Haddock, 201 U.S. 562 . The inkling from the majority opinion that the Nevada divorces were untrustworthy suggests that the second theory on which the state tried the case may have been an alternative ground for the decision below. It was adequate to sustain the judgment under the rule of Bell v. Bell, 181 U.S. 175 - a case in which the Court held that a decree of divorce was not entitled to full faith and credit when it had been granted on constructive service by the courts of Nevada, a state in which neither spouse was domiciled. But there are two reasons why the jury did not reach that issue in this case. In the first place, North Carolina does not seek to sustain the judgment below on that ground. Moreover it admits that there probably is enough evidence in the record to require that petitioners be considered 'to have been actually domiciled in Nevada.' In the second place, the verdict against petitioners was a general one. “It was there held that a divorce granted by Nevada, on a finding that one spouse was domiciled in Nevada, must be respected in North Carolina, where Nevada's finding of domicile was not questioned though the other spouse had neither appeared nor been served with process in Nevada and though recognition of such a divorce offended the policy of North Carolina.” The ruling: both Mr. Williams and Ms. Hendrix were “convicted of bigamous cohabitation” and were sentenced to a term of years in a state prison.
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
and filed for divorce from their respected spouses. Once the divorces were final Mr. Williams and Ms. Hendrix were married and then moved back to North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
. They lived there together until they were charged by the state of North Carolina for bigamous cohabitation and manipulating the state laws in their favor.
Historical Context
In 1942 the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was engaged in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
under the presidency of Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
. As a result of the booming car industry, the mobilization of war efforts were quick and effective and changed the production of war weapons. Following the devastation of Pearl Harbor
Pearl Harbor
Pearl Harbor, known to Hawaiians as Puuloa, is a lagoon harbor on the island of Oahu, Hawaii, west of Honolulu. Much of the harbor and surrounding lands is a United States Navy deep-water naval base. It is also the headquarters of the U.S. Pacific Fleet...
nearly 120,000 Japanese Americans were sent to internment camps in America. The war in the Pacific was not going well and the United States lost Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, Wake, Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
and the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
. However, in late 1942 the United States turned the war around with major offences at Midway
Midway
Midway may refer to:*Midway , a place at a fair or circus where rides, entertainment, and booths are concentrated-Midway Atoll and the Battle of Midway:...
and the Coral Sea
Coral Sea
The Coral Sea is a marginal sea off the northeast coast of Australia. It is bounded in the west by the east coast of Queensland, thereby including the Great Barrier Reef, in the east by Vanuatu and by New Caledonia, and in the north approximately by the southern extremity of the Solomon Islands...
and in November allied with forces in Europe and invaded North Africa. The war inspired a new generation of movies with war themes. That year Bing Crosby
Bing Crosby
Harry Lillis "Bing" Crosby was an American singer and actor. Crosby's trademark bass-baritone voice made him one of the best-selling recording artists of the 20th century, with over half a billion records in circulation....
also released “White Christmas,” one of the most famous songs of all time, which appeared in the film Holiday Inn. As depicted in the film, men and women were much more conservative than today and divorce was not considered acceptable. 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.
The Issue
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, NevadaLas Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
and on June 26, 1940 each filed for a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
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
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...
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.
Trial
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.Decision
The Supreme Court of North Carolina, in affirming the judgment, declared that North Carolina was not required to recognize the Nevada decrees under the full faith and credit clauseFull Faith and Credit Clause
The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to...
of the Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
(Art. IV, 1) by reason of Haddock v. Haddock, 201 U.S. 562 . The inkling from the majority opinion that the Nevada divorces were untrustworthy suggests that the second theory on which the state tried the case may have been an alternative ground for the decision below. It was adequate to sustain the judgment under the rule of Bell v. Bell, 181 U.S. 175 - a case in which the Court held that a decree of divorce was not entitled to full faith and credit when it had been granted on constructive service by the courts of Nevada, a state in which neither spouse was domiciled. But there are two reasons why the jury did not reach that issue in this case. In the first place, North Carolina does not seek to sustain the judgment below on that ground. Moreover it admits that there probably is enough evidence in the record to require that petitioners be considered 'to have been actually domiciled in Nevada.' In the second place, the verdict against petitioners was a general one. “It was there held that a divorce granted by Nevada, on a finding that one spouse was domiciled in Nevada, must be respected in North Carolina, where Nevada's finding of domicile was not questioned though the other spouse had neither appeared nor been served with process in Nevada and though recognition of such a divorce offended the policy of North Carolina.” The ruling: both Mr. Williams and Ms. Hendrix were “convicted of bigamous cohabitation” and were sentenced to a term of years in a state prison.