Husband and Wife, both citizens of Nigeria, married in Lagos in 2003. In 2004, they moved to Maryland and have resided primarily in Maryland since that time. Husband is a dual national with the USA, has resided in the USA since 1975, owns property in the USA since 1981, pays the mortgage, taxes, … Read More about Case Update (9 Feb 2023): Taiwo v. Taiwo; simultaneous divorce proceedings and motions to dismiss
Case Update (7 Feb 2023): Adjei v. Mayorkas; Ghanaian divorce based on citizenship should be recognized as valid in Virginia, even though domicile was lacking
Mr. Adjei seeks legal status as the spouse of Ms. Boateng. Prior to their marriage, Ms. Boateng was married to a man named Mr. Gyasi. Both Boateng and Gyasi were Ghanaian, but were living in and domiciled in Virginia at the time they pursued, and secured, a legal customary divorce in Ghana through … Read More about Case Update (7 Feb 2023): Adjei v. Mayorkas; Ghanaian divorce based on citizenship should be recognized as valid in Virginia, even though domicile was lacking
Case Update (2 Dec 2022): Bleich v. Bleich; subject matter jurisdiction over divorce requires meeting domicile requirement; recognition of foreign divorce is a matter of comity
On December 2, 2022, the Supreme Court of Nebraska clarified a procedural point when it came to the recognition of a foreign divorce decree. On May 4, 2021, Ms. Bleich filed for divorce in the Nebraska court. At the time, she met the Nebraska requirement that at least one of the two spouses be … Read More about Case Update (2 Dec 2022): Bleich v. Bleich; subject matter jurisdiction over divorce requires meeting domicile requirement; recognition of foreign divorce is a matter of comity
Case Update (4 Nov 2022): DAB v. MAS; Egyptian divorce decree not entitled to comity in NY
Two spouses, both citizens of Egypt and Muslims, married in a Civil Ceremony, followed by a Religious Ceremony in Egypt in July 2017. Defendant Husband moved to the U.S. in October 2017, and Plaintiff Wife moved to the U.S. in April 2019. They never lived together under the same roof in the United … Read More about Case Update (4 Nov 2022): DAB v. MAS; Egyptian divorce decree not entitled to comity in NY
Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors
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
Case Update (19 Jan 2022): Jaffal v. Dir Newark NJ Field Office; derivative U.S. citizenship; parent’s “legal separation in a foreign country”
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”
Case Update (28 Dec 2021): Sargsyan v. Martirosyan; comity as to Canadian order, application of Canadian law
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
Case Update (2021): Adjei v. Mayorkas; recognition of a foreign divorce decree
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
Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree
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
Webinar Update: The International Family Law Year-in-Review
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
Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity
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
Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process
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