Highlight: A district court's determination of whether a foreign divorce decree should be recognized under principles of judicial comity is not a matter of subject matter jurisdiction.

Comity is the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard to both international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.

Before comity may be relied on, it must be established that the court which issued the order or judgment had jurisdiction over the matter and the parties involved and that due process was afforded to the parties in the proceedings.

Comity is not a right, but is a willingness to grant privilege out of deference and good will. Because comity is not a right and within a district court's discretion, the court's decision whether to grant comity to an international divorce decree is reviewed for an abuse of discretion.

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