Chu v. Nanna
Key Takeaways
- 1 Illinois courts cannot register Japanese divorce decrees under the Foreign Judgments Act or Recognition Act due to express statutory exclusions.
- 2 Foreign-country judgments involving divorce, support, or maintenance are categorically barred from registration in Illinois.
Summary
Sophia Chu sought to register a Japanese divorce decree in Illinois state court, and the Circuit Court of St. Clair County granted her petition on September 30, 2025, denying William Nanna's motion to dismiss for lack of personal jurisdiction. Nanna appealed, raising two issues: whether the court erred in denying his motion to dismiss and whether the Foreign Judgments Act encompasses foreign-country judgments.
The Fifth District Appellate Court reversed the trial court's order, holding that the Foreign Judgments Act does not include judgments of foreign countries within its definition of "foreign judgment." Although the Uniform Foreign-Country Money Judgments Recognition Act (Recognition Act) could theoretically permit enforcement of foreign-country judgments when read in conjunction with the Foreign Judgments Act, the Recognition Act expressly excludes judgments rendered in connection with domestic relations matters, including divorce, support, and maintenance. Because the Japanese judgment constituted a divorce decree with support and maintenance provisions, it fell squarely within the Recognition Act's categorical exclusion.
The court applied de novo review to the motion to dismiss and emphasized that the burden rests on the party seeking recognition to establish that the Recognition Act applies. This decision clarifies that Illinois practitioners cannot rely on either the Foreign Judgments Act or the Recognition Act to register foreign-country divorce judgments, regardless of the defendant's contacts with Illinois.
Key Holdings
1. The Foreign Judgments Act (735 ILCS 5/12-651) does not include judgments of foreign countries within its definition of 'foreign judgment.' 2. The Uniform Foreign-Country Money Judgments Recognition Act expressly excludes judgments for divorce, support, maintenance, or other judgments rendered in connection with domestic relations (735 ILCS 5/12-663(b)). 3. A Japanese divorce decree with support and maintenance provisions cannot be registered in Illinois under either the Foreign Judgments Act or the Recognition Act. 4. The party seeking recognition of a foreign-country judgment bears the burden of establishing that the Recognition Act applies (735 ILCS 5/12-663(c)).