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 (9 Sept 2022): Macfadyen v. DHS; Nigerian divorce documents insufficient to demonstrate Nigerian divorce occurred
Ms. Macfadyen is a Nigerian national. She entered the U.S. in October 2001 on a B-2 visitor visa, overstayed it, was placed in removal proceedings in January 2003, filed for asylum, had her asylum application denied, and was ordered removed to Nigeria in February 2006. During removal proceedings, … Read More about Case Update (9 Sept 2022): Macfadyen v. DHS; Nigerian divorce documents insufficient to demonstrate Nigerian divorce occurred
Case Update (8 June 2022): Elali v. Marchoud; bigamous marriage voided in California
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
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): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding
Tatiana Akhmedova filed an ex parte request of the U.S. District Court for the Western District of Texas, using 28 USC 1782 to seek certain evidence in support of her English divorce action. Tatiana alleges that the English courts have ordered certain money judgments and transfers of property … Read More about Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding
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