Stanley Forman Reed,
Sutton v. Leib — Opinion of the Court
“ Without reference to the effect of a divorce on incidents of the marriage relation where both spouses are actually before the court, we think it equally clear, as a matter of constitutional law, that Illinois is free to decide for itself the effect of New York's declaration of annulment on the obligations of respondent, a stranger to that decree. ”
Stanley Forman Reed,
Sutton v. Leib — Opinion of the Court
“ It is frequently said, as a legal fiction, that annulment makes the annulled marriage ceremony as though it had never occurred. That fiction is variously treated in different jurisdictions. [17] For example in New York, the petitioner apparently would recover alimony after annulment but not for the period between the remarriage ceremony and the annulment. ”
Stanley Forman Reed,
Sutton v. Leib — Opinion of the Court
“ The effect in Illinois of the New York declaration of nullity on the obligation for alimony is a matter of Illinois law hereinafter treated. The New York annulment determines the marriage relationship that is the marital status of petitioner and Henzel, just as any divorce judgment determines such relationship. If the Nevada court had had jurisdiction by personal service in the state or appearance in the case of Henzel and the first Mrs. Henzel, its decree of divorce would have been unassailable in other states. ”
