Parker v. Sullivan

George Parker obtained a divorce decree in an Indiana state court by submitting an affidavit in which he swore that his wife, Rithie Parker (plaintiff), had left the state and that her whereabouts were unknown. To the contrary, as George well knew, Rithie was living in the marital residence in Indiana. The only service of the divorce filing was by publication, which Rithie did not see, and the divorce was granted by default. When Rithie learned of the divorce, she sued to have it set aside as fraudulent, but George died 15 months later, in 1975, while the suit was pending, and the court dismissed the claim as moot. Rithie’s application for Social Security widow’s benefits was then denied because the Parkers were not married at George’s death. An administrative-law judge (ALJ) found that George procured the divorce by fraud but affirmed the denial on grounds that the divorce decree was not void, but merely voidable. Rithie sought review in federal district court, and in 1983, the court remanded the matter to the Social Security Administration (agency) for further consideration and suggested that Rithie try to reopen the divorce proceeding. Rithie did not follow that advice, and the agency again denied benefits. Rithie appealed again to the district court, which again affirmed the denial of benefits, and Rithie appealed to the circuit court.