Lucia Paredes et al. v. Francisco Antonio Diaz–Polanco (2011)

JUDGMENT

On December 22, 2010, the Court heard evidence and made the following findings:

1. This matter comes before the Connecticut Superior Court as a declaratory judgment action, pursuant to Connecticut General Statutes § 52–29 and Connecticut Practice Book § 15–54 et seq.   The request for declaratory judgment seeks to resolve whether the divorce between Lucia Paredes and Francisco Antonio Diaz Polanco, dated on or about July 16, 1998 and decreed under the laws of the Dominican Republic (hereinafter, the “Dominican Divorce”) is to be given practical recognition under Connecticut law.   The parties further seek the Court's declaration as to whether, in light of the Dominican Divorce, the subsequent marriage between Lucia Paredes and Luis Gabriel Santos, dated on or about May 6, 2005, was a valid marriage under Connecticut law.   The subject matter jurisdiction for this Court is found in that the power to regulate marriage is a sovereign function retained by the states;  it has not been granted to the federal government.   See Catalano v. Catalano, 148 Conn. 288, 291, 170 A.2d 726 (1961) (Finding that “[a] state has authority to declare what marriages of its citizens shall be recognized as valid”).

2. The Court considered relevant case law on the matter, including Bruneau v. Bruneau, 3 Conn.App. 453 (1985).   In Bruneau the court accorded “practical recognition” to an otherwise jurisdictionally invalid divorce.   After considering all the evidence in the present case, this Court believes practical recognition of the Dominican Divorce is warranted.

3. NOW THEREFORE, the Court does declare and decree that the divorce between Lucia Paredes and Francisco Antonio Diaz Polanco, dated on or about July 16, 1998, from the Dominican Republic is to be given practical recognition under Connecticut law.   And further that the marriage between Lucia Paredes and Luis Gabriel Santos is valid under Connecticut law as of May 6, 2005.

BY ORDER OF THE COURT

Anthony V. DeMayo, J.

DeMayo, Anthony V., J.T.R.