Lowenschuss v. Lowenschuss

BECK, Judge:

This case requires us to decide the circumstances under which a spouse may be estopped from asserting the invalidity of the other spouse’s prior foreign divorce. Appellant wife argues that husband is estopped from asserting the invalidity of her 1964 Alabama divorce. We agree.

The parties entered a ceremonial marriage in 1965. At the time of the marriage husband, an experienced attorney, knew that wife had obtained an Alabama divorce from her previous spouse even though she had never lived there. For at least nine and possibly for as long as seventeen years the parties cohabited as…