obtained by appellant's fraudulent representation to that court of a bona fide residence in Florida, a false representation of a jurisdictional fact. The District Court having demonstrated that the Florida judgment was not entitled to full faith and credit, proceeded to award permanent maintenance and counsel fees.
In Williams v. North Carolina, (II), supra, the court said: 'If the jury found, as they were told, that petitioners had domicils in North Carolina and went to Nevada 'simply and solely for the purpose of obtaining' divorces, intending to return to North Carolina on obtaining them, they never lost their North Carolina domicils nor acquired new domicils in Nevada.'
A statutory requirement of a bona fide residence is held to mean something more than an abode more or less permanent, and to denote a 'residence' within the legal meaning of the word 'domicil'; that is, an abode animo manendi, a place where a person lives or had his home to which, when absent, he intends to return, and from which he has no present purpose to depart. 17 Am.Jur. 279; Carpenter v. Carpenter, 30 Kan. 712, 2 P. 122, 46 Am.Rep. 108; McClintock v. McClintock, 147 Ky. 409, 144 S.W. 68, 39 L.R.A.,N.S., 1127; Winans v. Winans, 205 Mass. 388, 91 N.E. 394, 28 L.R.A.,N.S., 992; Bechtel v. Bechtel, 101 Minn. 511, 112 N.W. 883, 12 L.R.A.,N.S., 1100; King v. King, 74 N.J.Eq. 824, 71 A. 687, 135 Am.St.Rep. 731; De Meli v. De Meli, 120 N.Y. 485, 24 N.E. 996, 17 Am.St.Rep. 652; Miller v. Miller, 88 Vt. 134, 92 A. 9, L.R.A. 1915D, 852.
The public is directly interested in the institution of marriage, which is subject to proper regulation and control by the state in which It exists. The public policy has always been to foster and protect it, to make it permanent, to encourage the parties to live together, and to prevent separation. It is safe to say that this policy finds expression in probably every state in this country in the various legislative enactments designed to prevent the breaking of the marriage ties for trivial purposes. As the Supreme Court once said in speaking of marriage: 'The relation once formed, the law steps in and holds the parties to various obligations and liabilities. It is an institution, in the maintenance of which in its purity the public is deeply interested, for it is the foundation of the family and of society, without which there would be neither civilization nor progress.' Maynard v. Hill, 125 U.S. 190, 8 S. Ct. 723, 729, 31 L. Ed. 654.
Many courts and eminent writers on the subject have said that an action for divorce is really a triangular proceeding to which the husband and wife and the state are the parties. In a divorce suit the state becomes in a sense a party, not necessarily to oppose, but to make sure that a divorce will not prevail without sufficient and lawful cause shown by the real facts. Both the policy and the letter of the law concur in guarding against collusion and fraud. 17 Am.Jur. 155.
In the instant case, did the defendant, Vincent Gage, acquire a bona fide, genuine and true domicil in the state of Nevada, or was his domicil merely simulated, assumed, pretended? Did he intend to make Nevada his residence and to remain there and make a home permanently or for an indefinite period? Did he become a mere sojourner, vacationer or visitor in Nevada, stopping at a boarding house or tourist home, for the purpose of creating a colorable right to maintain his divorce action? His wife had arrived in the United States on March 30, 1941. The following day, March 31st, she arrived in Washington, D.C. and endeavored to be reunited with her husband. On that same day the defendant left the District of Columbia and went to Reno, Nevada, arriving there on April 14, 1949. The certified copy of the decree of divorce in the Second Judicial District Court of the State of Nevada in and for the County of Washoe states: 'it appearing to the satisfaction of the court that an affidavit for publication of summons and an order for publication of summons or substituted service outside the state of Nevada were duly filed herein, and that an affidavit of service of said summons attached to a certified copy of the complaint on the said defendant on May 31, 1949, at Washington, D.C. was made and filed herein.' This clearly indicates that the defendant filed his suit for divorce in Nevada immediately upon the expiration of six weeks. The cause came on for trial on July 1st, 1949, and on that date the court granted the defendant his divorce. On the very same day, July 1st, 1949, the defendant left Reno, Nevada and went to St. Petersburg, Florida, where he has since resided. While in Nevada the defendant was not employed, had no bank account, paid no taxes, lived in a boarding house or tourist home, and did not vote or register to vote. These facts, in my opinion, clearly show that the defendant, Vincent Gage, was never domiciled in the state of Nevada, and that he had no intention of establishing a domicil in the state of Nevada. It is clear to me that his domicil was simulated and that he went to Nevada solely for the purpose of obtaining a divorce, and left the state on the very day that his divorce was granted. In other words, immediately upon the accomplishing of the purpose for which he went to Nevada he left. There is no question but that the defendant practiced a fraud upon the Nevada court.
To allow the defendant, under the circumstances of this case, to interpose the divorce decree as a defense to this suit for maintenance would be a sham and a mockery, and this court holds that the Nevada decree is not entitled to full faith and credit because the defendant did not acquire a bona fide, genuine and true domicil in Nevada. He established a mere simulated and pretended domicil for the sole purpose of obtaining a divorce, with no intention of making a home permanent or for an indefinite period of time.
The court, therefore, will award permanent maintenance to the plaintiff in the sum of Seventy-five dollars ($ 75.00) per month and counsel fee of Two Hundred Dollars ($ 200.00) to plaintiff's attorney. The findings of fact and conclusions of law having been stated in this opinion, no formal findings will be necessary. Counsel for the plaintiff will prepare the appropriate order not inconsistent with this opinion.
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