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foreign divorce

Case Update (8 June 2022): Elali v. Marchoud; bigamous marriage voided in California

June 12, 2022

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

Category iconbigamy,  divorce,  foreign divorce,  invalidate,  lex loci contractus,  void

Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

March 10, 2022

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

Category iconabduction prevention,  comity,  divorce,  due process,  foreign divorce,  notice

Case Update (19 Jan 2022): Jaffal v. Dir Newark NJ Field Office; derivative U.S. citizenship; parent’s “legal separation in a foreign country”

January 29, 2022

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”

Category iconcomity,  divorce,  foreign divorce,  public policy,  Recognition,  sharia

Case Update (28 Dec 2021): Sargsyan v. Martirosyan; comity as to Canadian order, application of Canadian law

December 29, 2021

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

Category iconchoice of law,  comity,  divorce,  foreign divorce

Case Update (2021): Upadhyay v. Dwivedi; simultaneous divorce actions

August 5, 2021

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

Category icondivisible divorce,  divorce,  foreign divorce,  simultaneous proceedings

Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed

July 8, 2021

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

Category icondivisible divorce,  divorce,  foreign divorce,  forum non conveniens,  inconvenient forum,  Premarital Agreements,  property

Top 10 Most Clicked Blog Posts of 2020

April 22, 2021

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

Category iconChild Abduction,  comity,  covid-19,  criminal kidnapping,  divorce,  foreign divorce,  fraud,  Hague Abduction Convention,  Hong Kong,  ICAPRA,  India,  international family law,  kidnapping,  service of process

Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding

April 22, 2021

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

Category icon1782,  Discovery,  Evidence,  foreign divorce

Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application

April 22, 2021

 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

Category iconcitizenship,  comity,  divorce,  domicile,  foreign divorce,  mail order,  nationality,  Recognition

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