(2 of 2)
"A Fraud upon the State." The chief practical safeguard is that most Mexican divorces have the consent of both husband and wife, and few people back out later. But when third parties—disinherited children, later spouses, pension fund administrators—have an interest in the case, they may have grounds for successful court attacks.
There is still a prevalent concept in U.S. law that only the state of "domicile"—where the parties really live—has power to end marriages. State courts may question whether Mexico has jurisdiction to grant a valid divorce to people with their return plane reservations in their pockets. Thus, many lawyers would agree with California's Judge Roger Alton Pfaff: "A Mexican divorce is really a fraud upon the state where the parties are domiciled."