The California Court of Appeals affirmed a trial judge's conclusion that the parties', Ms. Marchoud and Mr. Elali, marriage, while valid under Lebanese law, was void as a matter of public policy in California as being bigamous. Ms. Marchoud was married to Mr. Elali in Lebanon in August 2012. At … Read More about Case Update (8 June 2022): Elali v. Marchoud; bigamous marriage voided in California
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): Upadhyay v. Dwivedi; simultaneous divorce actions
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