Williams v. State of North Carolina [I] - 317 U.S. 287 (1942)

Mr. Justice Douglas delivered the opinion of the Court.

Williams was convicted of bigamous cohabitation under the law of North Carolina. The judgment of conviction was affirmed by the Supreme Court of North Carolina. The US Supreme Court granted certiorari.

Petitioner Williams was married to a woman and lived with her there. Petitioner Hendrix was married to Thomas Hendrix in North Carolina and lived with him there. Petitioners went to Las Vegas, Nevada and filed a divorce action in Nevada court. The defendant in those divorce actions did not show up at the court, nor were they served with process in Nevada. As for defendant Thomas Hendrix, service by publication was made by publication of the summons in a Las Vegas newspaper. A decree of divorce was granted petitioners Williams and Hendrix by the Nevada court. Petitioners were married to each other. Petitioners were married to each other in Nevada on October 4, 1940. They returned to North Carolina. 

The State contended that since neither of the defendants in the Nevada actions was served in Nevada nor entered an appearance there, the Nevada decrees would not be recognized as valid in North Carolina. 

The Court said: "when a court of one state acting in accord with the requirements of procedural due process alters the marital status of one domiciled in that state by granting him a divorce from his absent spouse, we cannot say its decree should be excepted from the full faith and credit clause merely because its enforcement or recognition in another state would conflict with the policy of the latter..."