Ware v. Ware, 390 S.C. 493, 702 S.E.2d 390 (Ct. App. 2010), is an appeal of a family court determination that an Alabama divorce decree did not have priority over a South Carolina divorce decree because Alabama did not have personal jurisdiction over the Wife.  Husband argued that Wife was bound by the Alabama courts determination that it had jurisdiction over her because she had entered a limited appearance to challenge personal jurisdiction and under the application of the “full faith and credit” clause of the United States Constitution, as interpreted by Durfee v. Duke , 375 U.S. 106, 111, 84 S.Ct. 242, 245, 11 L.Ed.2d 186 (1963), she was bound by this determination.

The South Carolina Court of Appeals rejected this argument finding that Wife’s limited appearance to challenge jurisdiction and subsequent withdrawal from the Alabama did not implicate the “Full Faith and Credit” clause of the United States Constitution.  Mr. Ware is currently seeking South Carolina Supreme Court review.  For further information, see:  For purposes of the “Full Faith and Credit” clause what does it mean to “fully and fairly litigate” personal jurisdiction?