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 … 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
Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity
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
Case Update (2020): Mbatha v. Cutting; Choice of Law for the division of marital property
The case of Mbatha v. Cutting reads like a law school version of Cliff's Notes, summarizing the potential choice of law options for the equitable distribution of Mr. Mbatha and Ms. Cutting's marital assets in a Georgia divorce proceeding. The couple met while Ms. Cutting was on a … Read More about Case Update (2020): Mbatha v. Cutting; Choice of Law for the division of marital property
Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
On August 19, 2020, the Third District Court of Appeal for the State of Florida, in Vicario v. Blanch, reversed the trial court's order staying a dissolution proceeding in lieu of a dissolution proceeding in Spain. The parties have a complicated timeline of court filings in both … Read More about Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity