The domestic relations exception was initially an exception to the exercise of diversity jurisdiction on the subject of divorce or alimony. Its genesis is the dicta in Barber v. Barber (62 U.S.582 (1859)). In Barber, the former wife sought to enforce a New York divorce decree, which granted a divorce a mensa thoro (separation from bed and board) and awarded her alimony. In an attempt to place himself beyond the New York courts’ jurisdiction and prevent enforcement of the decree, the former husband moved to Wisconsin. He then brought an action for divorce in a Wisconsin court.
In that action he did not disclose the prior New York action or decree. He represented to the Wisconsin court that his wife had abandoned him. The former wife brought suit in the Wisconsin Federal District Court, based upon diversity jurisdiction, seeking to enforce the New York alimony judgment. The former husband alleged that the court lacked jurisdiction.
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