sosna
iowa
argued
october
decided
january
appellant
petition
divorce
dismissed
iowa
trial
lack
jurisdiction
failed
meet
iowa
statutory
requirement
petitioner
divorce
action
resident
state
one
year
preceding
filing
petition
appellant
brought
class
action
fed
rule
civ
proc
federal
district
appellees
state
state
trial
judge
asserting
iowa
durational
residency
requirement
violated
federal
constitution
equal
protection
due
process
grounds
seeking
injunctive
declaratory
relief
certifying
appellant
represented
class
persons
residing
iowa
less
year
desired
initiate
divorce
actions
district
upheld
constitutionality
statute
held
fact
appellant
long
since
satisfied
durational
residency
requirement
time
case
reached
moot
case
since
controversy
remains
much
alive
class
unnamed
persons
represents
upon
certification
class
action
acquired
legal
status
separate
asserted
interest
dunn
blumstein
pp
issue
sought
litigated
escapes
full
appellate
review
behest
single
challenger
case
inexorably
become
moot
intervening
resolution
controversy
named
plaintiffs
time
class
action
certified
appellant
demonstrated
real
immediate
threat
injury
belonged
class
sought
represent
pp
test
rule
named
representative
class
action
fairly
adequately
protect
interests
class
met
unlikely
segments
class
represented
interests
conflicting
appellant
interests
class
competently
urged
level
proceeding
iowa
durational
residency
requirement
divorce
unconstitutional
pp
requirement
unconstitutional
alleged
ground
establishes
two
classes
persons
discriminates
recently
exercised
right
travel
iowa
appellant
irretrievably
foreclosed
obtaining
part
sought
requirement
may
reasonably
justified
grounds
state
interest
requiring
seeking
divorce
courts
genuinely
attached
state
well
state
desire
insulate
divorce
decrees
likelihood
successful
collateral
attack
shapiro
thompson
dunn
supra
memorial
hospital
maricopa
county
distinguished
pp
durational
residency
requirement
violate
due
process
clause
fourteenth
amendment
asserted
ground
denies
litigant
opportunity
make
individualized
showing
bona
fide
residence
thus
bars
access
divorce
courts
even
appellant
make
individualized
showing
physical
presence
plus
intent
remain
entitled
divorce
iowa
requires
merely
domicile
sense
residence
state
one
year
see
vlandis
kline
moreover
total
deprivation
access
divorce
courts
delay
access
involved
boddie
connecticut
distinguished
pp
rehnquist
delivered
opinion
burger
douglas
stewart
blackmun
powell
joined
white
filed
dissenting
opinion
post
marshall
filed
dissenting
opinion
brennan
joined
post
james
reynolds
argued
cause
appellant
briefs
paul
kempter
elizabeth
nolan
assistant
attorney
general
iowa
argued
cause
appellees
brief
richard
turner
attorney
general
george
murray
special
assistant
attorney
general
justice
rehnquist
delivered
opinion
appellant
carol
sosna
married
michael
sosna
september
michigan
lived
together
new
york
october
august
date
separated
continued
live
new
york
august
appellant
moved
iowa
three
children
following
month
petitioned
district
jackson
county
iowa
dissolution
marriage
michael
sosna
personally
served
notice
action
came
iowa
visit
children
made
special
appearance
contest
jurisdiction
iowa
iowa
dismissed
petition
lack
jurisdiction
finding
michael
sosna
resident
iowa
appellant
resident
state
iowa
one
year
preceding
filing
petition
iowa
applied
provisions
iowa
code
requiring
petitioner
action
last
year
resident
state
instead
appealing
ruling
iowa
appellate
courts
appellant
filed
complaint
district
northern
district
iowa
asserting
iowa
durational
residency
requirement
invoking
divorce
jurisdiction
violated
constitution
sought
injunctive
declaratory
relief
appellees
case
one
state
iowa
judge
district
jackson
county
iowa
previously
dismissed
petition
convened
pursuant
held
iowa
durational
residency
requirement
constitutional
supp
noted
probable
jurisdiction
directed
parties
discuss
whether
district
proceeded
merits
constitutional
issue
presented
light
younger
harris
related
cases
reasons
stated
opinion
decide
case
moot
hold
iowa
durational
residency
requirement
divorce
offend
constitution
appellant
sought
certification
suit
class
action
pursuant
fed
rule
civ
proc
might
represent
class
residents
state
iowa
resided
therein
period
less
one
year
desire
initiate
actions
dissolution
marriage
legal
separation
barred
durational
residency
requirement
embodied
sections
code
iowa
parties
stipulated
state
iowa
numerous
people
situation
plaintiff
joinder
persons
impracticable
appellant
claims
representative
class
fairly
adequately
protect
interests
class
see
rule
stipulation
approved
district
pretrial
order
submission
briefs
proposed
findings
fact
conclusions
law
parties
divided
vote
upheld
constitutionality
statute
parties
may
permitted
waive
nonjurisdictional
defects
may
stipulation
invoke
judicial
power
litigation
present
actual
case
controversy
richardson
ramirez
record
us
feel
obliged
address
question
mootness
reaching
merits
appellant
claim
time
judgment
handed
appellant
yet
resided
iowa
one
year
clearly
presented
case
controversy
every
sense
contemplated
art
iii
constitution
time
case
reached
however
appellant
long
since
satisfied
iowa
durational
residency
requirement
iowa
code
longer
stood
barrier
attempts
secure
dissolution
marriage
iowa
courts
unusual
development
case
challenging
validity
durational
residency
requirement
many
cases
appellate
review
completed
plaintiff
satisfied
residency
requirement
complaint
originally
made
appellant
sued
behalf
fact
satisfies
residency
requirement
fact
obtained
divorce
elsewhere
make
case
moot
require
dismissal
alton
alton
dismissed
moot
sec
medical
committee
human
rights
appellant
brought
suit
class
action
sought
litigate
constitutionality
durational
residency
requirement
representative
capacity
district
certified
propriety
class
action
class
unnamed
persons
described
certification
acquired
legal
status
separate
interest
asserted
appellant
view
factor
significantly
affects
mootness
determination
southern
pacific
terminal
icc
challenged
icc
order
expired
moore
ogilvie
petitioners
sought
certified
candidates
election
already
held
expressed
concern
defendants
cases
expected
act
contrary
rights
asserted
particular
named
plaintiffs
involved
case
controversy
held
moot
questions
presented
capable
repetition
yet
evading
review
situation
presented
appellant
case
durational
residency
requirement
enforced
iowa
time
bar
iowa
courts
unless
speculate
may
move
iowa
return
later
seek
divorce
within
one
year
return
concerns
prompted
holdings
southern
pacific
moore
govern
appellant
situation
even
though
appellees
proceeding
might
enforce
iowa
durational
residency
requirement
appellant
clear
enforce
persons
class
appellant
sought
represent
district
certified
sense
case
us
one
state
officials
undoubtedly
continue
enforce
challenged
statute
yet
passage
time
single
challenger
remain
subject
restrictions
period
necessary
see
lawsuit
conclusion
problem
present
dunn
blumstein
implicitly
resolved
favor
representative
class
respondent
blumstein
brought
class
action
challenging
tennessee
law
barred
persons
registering
vote
unless
time
next
election
resided
state
year
particular
county
three
months
time
district
opinion
filed
blumstein
resided
county
requisite
three
months
state
contended
challenge
county
requirement
moot
district
rejected
argument
blumstein
ellington
supp
md
although
state
raise
mootness
argument
observed
district
correct
although
appellee
vote
problem
voters
posed
tennessee
residence
requirements
capable
repetition
yet
evading
review
rationale
dunn
controls
present
case
although
controversy
longer
live
appellant
sosna
remains
much
alive
class
persons
certified
represent
like
voters
dunn
new
residents
iowa
aggrieved
allegedly
unconstitutional
statute
enforced
state
officials
believe
case
dunn
issue
sought
litigated
escapes
full
appellate
review
behest
single
challenger
inexorably
become
moot
intervening
resolution
controversy
named
plaintiffs
dunn
supra
rosario
rockefeller
vaughan
bower
supp
aff
note
however
exigency
justifies
doctrine
serves
identify
limits
cases
alleged
harm
dissipate
normal
time
required
resolution
controversy
general
principles
art
iii
jurisdiction
require
plaintiff
personal
stake
litigation
continue
throughout
entirety
litigation
conclusion
case
moot
way
detracts
firmly
established
requirement
judicial
power
art
iii
courts
extends
cases
controversies
specified
article
must
named
plaintiff
case
controversy
time
complaint
filed
time
class
action
certified
district
pursuant
rule
must
live
controversy
time
reviews
case
sec
medical
committee
human
rights
supra
controversy
may
exist
however
named
defendant
member
class
represented
named
plaintiff
even
though
claim
named
plaintiff
become
moot
holding
disturb
principles
established
decisions
respect
litigation
named
plaintiff
class
action
must
show
threat
injury
case
real
immediate
conjectural
hypothetical
littleton
golden
zwickler
litigant
must
member
class
seeks
represent
time
class
action
certified
district
bailey
patterson
rosario
supra
hall
beals
appellant
sosna
satisfied
criteria
conclusion
automatically
establish
appellant
entitled
litigate
interests
class
seeks
represent
shift
focus
examination
elements
justifiability
ability
named
representative
fairly
adequately
protect
interests
class
rule
since
contemplated
members
class
bound
ultimate
ruling
merits
rule
district
must
assure
named
representative
adequately
protect
interests
class
present
suit
unlikely
segments
class
appellant
represents
interests
conflicting
sought
advance
interests
class
competently
urged
level
proceeding
believe
test
rule
met
therefore
address
merits
appellant
constitutional
claim
ii
durational
residency
requirement
attack
case
part
iowa
comprehensive
statutory
regulation
domestic
relations
area
long
regarded
virtually
exclusive
province
cases
decided
period
century
bear
witness
historical
fact
barber
barber
said
disclaim
altogether
jurisdiction
courts
upon
subject
divorce
pennoyer
neff
said
state
absolute
right
prescribe
conditions
upon
marriage
relation
citizens
shall
created
causes
may
dissolved
view
reaffirmed
simms
simms
statutory
scheme
iowa
like
sets
forth
considerable
detail
grounds
upon
marriage
may
dissolved
circumstances
divorce
may
obtained
jurisdiction
petition
dissolution
established
statute
county
either
party
resides
iowa
code
iowa
courts
construed
term
resident
much
meaning
ordinarily
associated
concept
domicile
korsrud
korsrud
iowa
iowa
recently
revised
divorce
statutes
incorporating
concept
retained
durational
residency
requirement
imposition
durational
residency
requirement
divorce
scarcely
unique
iowa
since
impose
requirement
condition
maintaining
action
divorce
might
expected
periods
vary
among
range
six
weeks
two
years
period
selected
iowa
common
length
time
prescribed
appellant
contends
iowa
requirement
one
year
residence
unconstitutional
two
separate
reasons
first
establishes
two
classes
persons
discriminates
recently
exercised
right
travel
iowa
thereby
contravening
holdings
shapiro
thompson
dunn
blumstein
memorial
hospital
maricopa
county
second
denies
litigant
opportunity
make
individualized
showing
bona
fide
residence
therefore
denies
residents
access
method
legally
dissolving
marriage
vlandis
kline
boddie
connecticut
state
statutes
imposing
durational
residency
requirements
course
invalidated
imposed
qualification
welfare
payments
shapiro
supra
voting
dunn
supra
medical
care
maricopa
county
supra
none
cases
intimated
might
never
impose
durational
residency
requirements
proposition
fact
expressly
disclaimed
cases
common
durational
residency
requirements
struck
justified
basis
budgetary
recordkeeping
considerations
held
insufficient
outweigh
constitutional
claims
individuals
iowa
divorce
residency
requirement
different
stripe
appellant
irretrievably
foreclosed
obtaining
part
sought
case
welfare
recipients
shapiro
voters
dunn
indigent
patient
maricopa
county
eventually
qualify
sort
adjudication
demanded
virtually
upon
arrival
state
iowa
requirement
delayed
access
courts
fulfilling
ultimately
obtained
opportunity
adjudication
asserts
earlier
point
time
iowa
residency
requirement
may
reasonably
justified
grounds
purely
budgetary
considerations
administrative
convenience
cf
kahn
shevin
decree
divorce
matter
interested
parties
state
sort
grantor
divorce
petitioner
appellant
role
grantee
spouses
obviously
interested
proceedings
since
affect
marital
status
likely
property
rights
married
couple
minor
children
decree
divorce
usually
include
provisions
custody
support
consequences
moment
riding
divorce
decree
issued
courts
iowa
may
insist
one
seeking
initiate
proceeding
modicum
attachment
state
required
requirement
additionally
furthers
state
parallel
interests
avoiding
officious
intermeddling
matters
another
state
paramount
interest
minimizing
susceptibility
divorce
decrees
collateral
attack
state
iowa
may
quite
reasonably
decide
wish
become
divorce
mill
unhappy
spouses
lived
short
time
appellant
commenced
action
state
long
resided
elsewhere
time
iowa
convinced
appellant
intends
remain
state
lacks
nexus
person
place
permanence
control
creation
legal
relations
responsibilities
utmost
significance
williams
north
carolina
perhaps
even
important
iowa
interests
extend
beyond
borders
include
recognition
divorce
decrees
full
faith
credit
clause
constitution
art
iv
purpose
often
stated
judicial
power
grant
divorce
jurisdiction
strictly
speaking
founded
domicil
williams
supra
andrews
andrews
bell
bell
divorce
decree
entered
finding
domicile
ex
parte
proceedings
held
finding
domicile
binding
upon
another
state
may
disregarded
face
cogent
evidence
contrary
williams
supra
reason
state
asked
enter
decree
entitled
insist
putative
divorce
petitioner
satisfy
something
bare
minimum
constitutional
requirements
divorce
may
granted
state
decision
exact
residency
requirement
matter
policy
therefore
buttressed
quite
permissible
inference
requirement
effectuates
state
substantive
policy
likewise
provides
greater
safeguard
successful
collateral
attack
requirement
bona
fide
residence
alone
precisely
sort
determination
state
exercise
domestic
relations
jurisdiction
entitled
make
therefore
hold
state
interest
requiring
seek
divorce
courts
genuinely
attached
state
well
desire
insulate
divorce
decrees
likelihood
collateral
attack
requires
different
resolution
constitutional
issue
presented
case
shapiro
supra
dunn
supra
maricopa
county
supra
view
failure
provide
individualized
determination
residency
violates
due
process
clause
fourteenth
amendment
vlandis
kline
relied
upon
appellant
held
connecticut
might
arbitrarily
invoke
permanent
irrebuttable
presumption
nonresidence
students
sought
obtain
tuition
rates
presumption
necessarily
universally
true
fact
vlandis
warned
decision
construed
deny
state
right
impose
student
one
element
demonstrating
bona
fide
residence
reasonable
durational
residency
requirement
see
starns
malkerson
supp
aff
individualized
determination
physical
presence
plus
intent
remain
appellant
apparently
seeks
entitle
divorce
even
made
showing
iowa
requires
merely
domicile
sense
residence
state
year
order
courts
exercise
divorce
jurisdiction
boddie
connecticut
supra
held
connecticut
might
deny
access
divorce
courts
persons
afford
pay
required
fee
exclusive
role
played
state
termination
marriages
held
indigents
denied
opportunity
heard
absent
countervailing
state
interest
overriding
significance
gravamen
appellant
sosna
claim
total
deprivation
boddie
delay
operation
filing
fee
boddie
served
exclude
forever
certain
segment
population
obtaining
divorce
courts
connecticut
similar
total
deprivation
present
appellant
case
delay
attends
enforcement
durational
residency
requirement
reasons
previously
stated
consistent
provisions
constitution
affirmed
footnotes
answer
complaint
appellees
asserted
lacked
jurisdiction
state
virtue
eleventh
amendment
thereafter
abandoned
defense
action
failure
state
raise
defense
sovereign
immunity
district
barred
iowa
raising
issue
edelman
jordan
ford
motor
department
treasury
indiana
defense
advanced
failure
iowa
raise
issue
likewise
left
us
without
guidance
parties
briefs
circumstances
iowa
law
permits
waiver
defense
sovereign
immunity
attorneys
representing
state
examination
iowa
precedents
discloses
however
iowa
held
state
consents
suit
waives
defense
sovereign
immunity
entering
voluntary
appearance
defending
suit
merits
mckeown
brown
iowa
law
iowa
point
therefore
appears
different
law
indiana
treated
ford
supra
request
parties
address
younger
harris
related
cases
indicated
concern
whether
either
district
reach
merits
constitutional
issue
presented
parties
light
appellant
sosna
failure
appeal
adverse
ruling
state
district
state
appellate
network
response
request
parties
urged
reach
merits
appellant
constitutional
attack
iowa
durational
residency
requirement
posture
case
absence
disagreement
parties
occasion
consider
whether
consequences
adverse
appellant
resulted
first
obtaining
adjudication
claim
merits
iowa
state
commencing
action
district
since
jurisdiction
predicated
case
presents
problem
aggregation
claims
attempt
satisfy
requisite
amount
controversy
cf
zahn
international
paper
snyder
harris
although
complaint
specify
absence
claim
monetary
relief
nature
claim
asserted
disclose
rule
class
action
contemplated
therefore
problems
associated
rule
class
action
considered
last
term
eisen
carlisle
jacquelin
present
case
defendant
judge
neither
raised
claims
immunity
defense
appellant
action
questioned
propriety
appellant
effort
represent
statewide
class
judge
like
apparently
sat
single
county
judicial
district
within
state
district
aware
possibility
mootness
supp
nd
iowa
expressed
view
even
termination
plaintiff
deferral
period
render
case
moot
since
cause
us
class
action
confronted
reasonable
likelihood
problem
occur
members
class
plaintiff
currently
member
counsel
appellant
disclosed
oral
argument
appellant
fact
obtained
divorce
new
york
tr
oral
arg
certification
suit
class
action
important
consequences
unnamed
members
class
suit
proceeds
judgment
merits
contemplated
decision
bind
persons
found
time
certification
members
class
rule
advisory
committee
note
pp
suit
certified
class
action
may
settled
dismissed
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lane
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deal
claims
racial
sexual
discrimination
respectively
employment
practices
title
vii
civil
rights
act
stat
et
seq
cases
congress
expressed
intention
provided
person
claiming
aggrieved
bring
suit
title
vii
challenge
discriminatory
employment
practices
trafficante
metropolitan
life
insurance
since
discrimination
employment
based
upon
sexual
racial
characteristics
aggrieves
employee
applicant
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first
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shapiro
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wide
latitude
regulating
process
yet
one
regulation
may
impose
unduly
long
residency
requirement
dunn
blumstein
remark
consequences
riding
divorce
decree
iowa
may
insist
one
seeking
initiate
proceeding
modicum
attachment
state
required
make
argument
merely
state
result
third
justification
seems
one
warrants
close
consideration
iowa
legitimate
interest
protecting
invasion
seeking
quick
divorces
forum
relatively
lax
divorce
laws
may
interest
avoiding
collateral
attacks
decree
interests
however
adequately
protected
simple
requirement
domicile
physical
presence
plus
intent
remain
remove
rigid
barrier
permitting
state
restrict
availability
divorce
process
citizens
genuinely
majority
notes
williams
north
carolina
held
ex
parte
divorces
one
state
finding
domicile
limited
circumstances
challenged
courts
another
majority
concludes
since
iowa
findings
domicile
might
subject
collateral
attack
elsewhere
permitted
cushion
findings
residency
requirement
several
reasons
year
waiting
period
seems
neither
necessary
much
cushion
first
williams
opinion
aimed
seeking
avoid
becoming
divorce
mills
quite
opposite
rather
plainly
directed
cultivated
quickie
divorce
reputation
playing
fast
loose
findings
domicile
see
murphy
concurring
iowa
wishes
avoid
becoming
divorce
seekers
inconceivable
determinations
domicile
meet
rather
lenient
full
faith
credit
standards
set
williams
second
problem
majority
argument
score
williams
applies
ex
parte
divorces
held
spouses
divorcing
foreign
state
recognize
collateral
challenge
permissible
divorcing
state
sherrer
sherrer
coe
coe
johnson
muelberger
cook
cook
therefore
iowa
statute
sweeps
broadly
even
defense
possible
collateral
attacks
since
imposes
requirement
whenever
respondent
reside
state
regardless
whether
proceeding
ex
parte
third
even
period
provide
complete
protection
collateral
attack
merely
makes
somewhat
less
likely
second
state
able
find
cogent
evidence
iowa
determination
domicile
incorrect
iowa
erroneously
determined
question
domicile
year
residence
nothing
preclude
collateral
attack
williams
finally
one
sense
year
residency
requirement
may
technically
increase
rather
reduce
exposure
iowa
decrees
collateral
attack
iowa
appears
among
interpreted
divorce
residency
requirements
jurisdictional
import
since
state
divorce
decree
subject
collateral
challenge
foreign
forum
jurisdictional
flaw
void
state
courts
new
york
ex
rel
halvey
halvey
residency
requirement
exposes
iowa
divorce
proceedings
attack
failure
prove
domicile
failure
prove
one
year
residence
nothing
else
casts
doubt
majority
speculation
iowa
residency
requirement
may
intended
statutory
shield
divorce
decrees
sum
concerns
need
long
residency
requirement
defray
collateral
attacks
state
judgments
seem
fanciful
real
majority
assumes
iowa
interested
assuring
divorce
petitioners
legitimately
iowa
citizens
requiring
petitioners
provide
convincing
evidence
bona
fide
domicile
adequate
task
iii
conclude
course
iowa
chosen
restricting
access
divorce
courts
unduly
interferes
right
migrate
resettle
find
new
job
start
new
life
shapiro
thompson
reverse
judgment
district
remand
entry
order
granting
relief
finds
continuing
controversy
case
see
steffel
thompson
johnson
new
york
state
education
marshall
concurring
memorial
hospital
maricopa
county
see
also
shapiro
thompson
majority
also
relies
mere
delay
distinction
dispose
boddie
connecticut
see
ante
yet
even
though
majority
boddie
relied
due
process
rather
equal
protection
fully
convinced
connecticut
statute
question
case
required
indigents
wait
year
divorce
statute
still
constitutionally
infirm
see
douglas
concurring
result
point
implicitly
rejects
today
majority
identifies
marital
status
property
rights
custody
support
arrangements
important
concerns
commonly
resolved
divorce
proceedings
declining
exercise
divorce
jurisdiction
new
citizens
iowa
avoid
affecting
weighty
social
concerns
instead
freezes
unsatisfactory
state
require
residents
endure
durational
requirement
iowa
conciliation
period
course
subject
equal
protection
challenge
required
uniformly
divorce
petitioners
appellees
rely
factors
support
iowa
statute
brief
appellees
argue
legislature
determination
impose
residency
requirement
reasonable
light
interest
state
iowa
dissolution
proceeding
brief
appellees
full
faith
credit
argument
mentioned
middle
long
quotation
another
opinion
hardly
sufficient
meet
requirement
clear
showing
burden
imposed
necessary
protect
compelling
substantial
governmental
interest
oregon
mitchell
opinion
brennan
white
marshall
jj
sherbert
verner
availability
less
restrictive
alternative
domicile
requirement
weighs
heavily
testing
challenged
state
regulation
compelling
interest
standard
see
shapiro
thompson
dunn
blumstein
memorial
hospital
maricopa
county
shelton
tucker
since
iowa
courts
effect
interpreted
residency
statute
require
proof
domicile
well
one
year
residence
see
korsrud
korsrud
iowa
julson
julson
iowa
shift
pure
domicile
test
impose
new
burden
state
factfinding
process
problem
cured
large
part
state
waived
year
residency
requirement
whenever
respondent
agreed
consent
jurisdiction
see
hinds
hinds
iowa
williamson
williamson
iowa
korsrud
korsrud
supra
schaefer
schaefer
iowa
cf
white
white
wyman
wyman
camp
camp
misc
construing
florida
law
williams
case
establishes
collateral
attack
always
mounted
divorcing
state
finding
domicile
provided
failure
meet
durational
residency
requirement
jurisdictional
thus
provide
independent
basis
collateral
attack
see
schreiner
schreiner
tex
civ
app
hammond
hammond
construing
idaho
law
majority
argues
since
require
year
residence
divorce
iowa
gains
refuge
risk
collateral
attack
understanding
solicitude
similar
laws
course
absent
unusual
circumstances
judgment
striking
iowa
statute
similarly
affect
residency
requirements
reason
risk
subjecting
iowa
invasion
divorce
seekers
seems
minimal
long
residency
requirements
held
unconstitutional
iowa
stand
conspicuously
alone
without
residency
requirement
defense
moreover
conciliation
period
required
divorce
petitioners
state
still
serve
discourage
peripatetic
divorce
seekers
looking
quickest
possible
adjudication