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comity

Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

March 10, 2022

The Nikolenko family is embroiled in simultaneous lawsuits in Texas and Russia. The family had been living in Katy, Texas, with Luiza listed as a dependent on Dmitry's work visa. In 2014, Dmitry's employer transferred him to Brunei for 3-years. The family contemplated a return to Texas, so they … Read More about Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

Category iconabduction prevention,  comity,  divorce,  due process,  foreign divorce,  notice

Case Update (19 Jan 2022): Jaffal v. Dir Newark NJ Field Office; derivative U.S. citizenship; parent’s “legal separation in a foreign country”

January 29, 2022

We have seen a variety of U.S. immigration cases where an individual is denied U.S. citizenship because a prerequisite to their application was someone's valid divorce. For example, see the recent case of Mr. Adjei whose wife was not considered legally divorced from her first husband under … Read More about Case Update (19 Jan 2022): Jaffal v. Dir Newark NJ Field Office; derivative U.S. citizenship; parent’s “legal separation in a foreign country”

Category iconcomity,  divorce,  foreign divorce,  public policy,  Recognition,  sharia

Case Update (28 Dec 2021): Sargsyan v. Martirosyan; comity as to Canadian order, application of Canadian law

December 29, 2021

Ms. Martirosyan appeals an order of divorce, giving her husband, Mr. Sargsyan his equitable share of the parties' marital property. The key issue in her appeal related to their date of their separation. The parties married in Armenia, immigrated to the United States, had a son, and then moved to … Read More about Case Update (28 Dec 2021): Sargsyan v. Martirosyan; comity as to Canadian order, application of Canadian law

Category iconchoice of law,  comity,  divorce,  foreign divorce

Case Update (2021): Adjei v. Mayorkas; recognition of a foreign divorce decree

April 22, 2021

Mr. Adjei and the U.S. government filed cross motions for summary judgment in a recent case before the U.S. District Court for the EDVa.  On March 23, 2021, the court granted the U.S. government's motion for summary judgment, but denied Mr. Adjei's.   This case revolves around USCIS's denial of … Read More about Case Update (2021): Adjei v. Mayorkas; recognition of a foreign divorce decree

Category iconcomity,  divorce,  domicile,  Recognition

Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree

June 15, 2021

The Kentucky Supreme Court addressed a Husband's request for a writ of mandamus to compel his family court judge, Judge Hagerty, to dismiss his Wife's petition for a divorce because he had already secured a divorce in Jordan. For purposes of this blog, I am going to skip over the merits of the writ … Read More about Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree

Category iconcomity,  divorce,  domicile,  Enforceability,  enforcement,  idda,  Islamic Marriage,  mandamus,  Recognition,  sharia,  talaq

Webinar Update: The International Family Law Year-in-Review

April 22, 2021

My law firm will be offering a free webinar on January 13th at noon ET, where I will provide a summary of the most important international family law updates of 2020.  You can learn more about it, and register by clicking here. … Read More about Webinar Update: The International Family Law Year-in-Review

Category iconcomity,  custody,  divorce,  Hague Abduction Convention,  international family law,  year in review

Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity

April 22, 2021

In the case of Glory and Sunita Jayagaran, the Washington Court of Appeals refused to recognize an Indian divorce decree because the Husband did not properly serve his Wife, thereby denying her due process.  The couple lived approximately 18 years, having 3 children, in Washington State.  … Read More about Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity

Category iconcomity,  due process,  notice,  Recognition,  service of process

Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process

April 22, 2021

On December 1, 2020, the Court of Appeals of the State of Washington, Division II, affirmed a Superior Court order that had the effect of refusing to recognize a Polish child support order.David and Eva Hedges are parents to two children.  The Hedges divorced in Arizona, where they resolved … Read More about Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process

Category iconadult disabled child,  child support,  comity,  enforcement,  public policy,  Recognition,  registration

Top 10 Most Clicked Blog Posts of 2020

April 22, 2021

2020 was not for the faint of heart, with a global pandemic and a U.S. Supreme Court opinion on the Hague Abduction Convention authored by the late Justice Ginsburg.  Here are the TOP TEN most clicked blog posts from MK Family Law's Family Law Across Borders BLOG.  No. 10  … Read More about Top 10 Most Clicked Blog Posts of 2020

Category iconChild Abduction,  comity,  covid-19,  criminal kidnapping,  divorce,  foreign divorce,  fraud,  Hague Abduction Convention,  Hong Kong,  ICAPRA,  India,  international family law,  kidnapping,  service of process

Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application

April 22, 2021

 Mr. Imad Jaffal sues the U.S. government for citizenship (Jaffal v. Thompson).  The underlying issue for whether Jaffal can be granted citizenship revolves around his parents' divorce, which occurred in Jordan.  Apparently, his father obtained a unilateral divorce from his mother in … Read More about Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application

Category iconcitizenship,  comity,  divorce,  domicile,  foreign divorce,  mail order,  nationality,  Recognition

Case Update (2020): Melki v. Melki; Subject Matter Jurisdiction over a Divorce, Domicile, Foreign Marriage – U.S. divorce

April 22, 2021

The Maryland Court of Special Appeals addressed a recent argument made numerous times before in virtually every U.S. state: if a couple is married overseas, particularly in a religious marriage ceremony, then the couple must also divorce overseas.  In the case of Melki v. Melki, the couple … Read More about Case Update (2020): Melki v. Melki; Subject Matter Jurisdiction over a Divorce, Domicile, Foreign Marriage – U.S. divorce

Category iconcomity,  divorce,  domicile,  subject matter jurisdiction

Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity

April 22, 2021

Thamilselvan v. Thamilselvan reads like a law school exam question.  The spouses, both Indian citizens had lived in Michigan with their daughter since 2000.  They owned a house.  In December 2017, the Wife and daughter left the marital home.  In February 2018, the Wife sought a … Read More about Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity

Category iconcomity,  divorce,  due process,  Enforceability,  forum-shopping,  injunction,  subject matter jurisdiction,  temporary absence

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