Family law, in particular, presents some rather unique problems in the field of conflicts of law. In an attempt to resolve some of these difficulties, this comment will inquire into the relevant policies underlying family law, and divorce law in particular, and analyze the viability of the use of the choice of law doctrine of interest analysis in the divorce arena. It will address the current state of United States conflicts law in family law cases and the possible ramifications of the application of interest analysis to certain family law concepts. Finally, it will propose the adoption of some form of interest analysis for choice of law in divorce actions, including actions incidental to divorce, based on the proposition that use of the interest analysis theory will better serve and promote the policies underlying the laws of divorce and its incidents.
Mary M. Wills, Conflicts of Law in Divorce Litigation: A Looking-Glass World?, 10 Campbell L. Rev. 145 (1987).