Sanya Shvartsman v. Grantley H. Smith et al (2010)

MEMORANDUM OF DECISION

This matter comes before the court as a declaratory judgment action pursuant to Connecticut General Statutes § 52-29, to resolve whether the divorce between Sanya Shvartsman and Grantley Smith, dated August 9, 1988, from the Civil and Commercial Chamber of the Fifth Circumscription of the First Instance Court of the National District of Santo Domingo, Dominican Republic, (hereinafter, “the Dominical Divorce”) is to be given practical recognition under Connecticut law;  and whether the subsequent marriage between Sanya Shvartsman and Alexander Shvartsman was therefore a valid marriage under Connecticut Law. The court has considered all relevant case law.   The court also heard testimony and has reviewed all of the evidence submitted.

The court finds that Sanya Shvartsman was married on June 9, 1987, to Grantley Smith.   On August 9, 1988, Grantley Smith appeared before the Civil and Commercial Chamber of the Fifth Circumscription of the First Instance Court of the National District of Santo Domingo to pursue dissolution of marriage.   Sanya Shvartsman appeared through counsel.   The Dominican Court dissolved the June 9, 1987, marriage between Grantley Smith and Sanya Shvartsman.   Ms. Shvartsman subsequently married Igor Feldman Ressin in the State of Massachusetts and had one son.   On November 3, 1993, Ms. Shvartsman and Mr. Feldman divorced in the State of Massachusetts.   On March 18, 2006, Ms. Shvartsman married Mr. Alexander Shvartsman in the State Of Connecticut.

Judgments rendered by courts in foreign countries are recognized in the United States under the principle of comity.  Bruneau v. Bruneau, 3 Conn.App. 453, 455, 489 A.2d 1049 (1985).   An exception to this principle of comity is where the foreign court lacked jurisdiction.  Id. The concept of “practical” recognition of a divorce decree rendered in a foreign nation where neither spouse is domiciled has been recognized by a number of courts.  Id., at 457.   Practical recognition may be accorded such decrees by estoppel, laches, unclean hands, or similar equitable doctrines.   When a party to an action has relied upon the divorce, and if holding the divorce invalid will unset relationships or expectation formed in reliance upon the divorce, then estoppel will apply.  Id.

In the present case, Ms. Shvartsman submitted herself to the Dominical Jurisdiction through counsel.   She relied upon the Dominican divorce and remarried in the State of Massachusetts.   There is one child issue of the second marriage.   She subsequently divorced in Massachusetts and remarried Mr. Shvartsman in Connecticut.   She has relied upon the Dominican divorce and holding the Dominican divorce invalid will unset relationships and expectations formed in reliance upon the Dominican divorce.

NOW THEREFORE, the court does declare and decree that the divorce between Sanya Shvartsman and Grantley H. Smith dated August 9, 1988 from the Civil and Commercial Chamber of the Fifth Circumscription of the First Instance Court of the National District of Santo Domingo, Dominican Republic is to be given practical recognition under Connecticut Law. Further, the marriage between Sanya Shvartsman and Alexander Shvartsman is valid under Connecticut law as of March 18, 2006.

SO ORDERED,

Suarez, J.

Suarez, José A., J.