On July 22, 2021, the State of Michigan Court of Appeals affirmed the trial court's dismissal of Upadhyay's divorce complaint in the Michigan family courts. On June 10, 2019, Dwivedi filed a petition for divorce in India, where the parties had married. Upadhyay left India and returned to … Read More about Case Update (2021): Upadhyay v. Dwivedi; simultaneous divorce actions
Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
On June 30, 2021, the Court of Appeals of Iowa affirmed the trial court's dismissal of Ms. Pitcairn's petition for marriage dissolution on the basis of forum non conveniens. Ms. Pitcairn and Mr. Renaud married in France in 2005, lived most of their marriage in France, Mr. Renaud is French and Ms. … Read More about Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
Case Update (2021): Grossman v. Commissioner of Internal Revenue; recognition of foreign divorce
This fascinating case came before the U.S. Tax Court, which handed down its decision on May 27, 2021, concluding that Ms. Ziona Grossman, the third wife of Mr. Semone Grossman, was his surviving spouse under the Internal Revenue Code. The facts are a bit convoluted. Mr. Grossman married his first … Read More about Case Update (2021): Grossman v. Commissioner of Internal Revenue; recognition of foreign divorce
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
Case Update (2021): Chaudry v. Chaudry; Islamic marriage contract and burden to prove terms before enforcing
On February 4, 2021, the Maryland Court of Special Appeals, in the unreported opinion of Chaudry v. Chaudry, affirmed that a mehr signed by the parties at the time of their marriage was not an enforceable contract. The parties married in an Islamic marriage ceremony in 2004 in … Read More about Case Update (2021): Chaudry v. Chaudry; Islamic marriage contract and burden to prove terms before enforcing
Case Update: ABA Year-in-Review Update
The American Bar Association's International Law Section will host a free webinar on February 10th at 11 a.m. ET. During this hour-and-a-half webinar, join Melissa Kucinski of MK Family Law and James Netto of the International Family Law Group as they take … Read More about Case Update: ABA Year-in-Review Update
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
Top 10 Most Clicked Blog Posts of 2020
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
Case Update (2020): Pachal v. Bugreeff; I-864, support of an immigrant, interplay with alimony and divorce suit
This is a really interesting case that addresses the issue of an I-864 contract. This immigration form is completed by a U.S. citizen who commits to ensuring that an applicant for residency maintains an income of 125% of the federal poverty level. This obligation is indefinite, unless a … Read More about Case Update (2020): Pachal v. Bugreeff; I-864, support of an immigrant, interplay with alimony and divorce suit
Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application
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
Case Update (2020): Melki v. Melki; Subject Matter Jurisdiction over a Divorce, Domicile, Foreign Marriage – U.S. divorce
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