Husband and Wife, both citizens of Nigeria, married in Lagos in 2003. In 2004, they moved to Maryland and have resided primarily in Maryland since that time. Husband is a dual national with the USA, has resided in the USA since 1975, owns property in the USA since 1981, pays the mortgage, taxes, … Read More about Case Update (9 Feb 2023): Taiwo v. Taiwo; simultaneous divorce proceedings and motions to dismiss
Case Update (7 Feb 2023): Adjei v. Mayorkas; Ghanaian divorce based on citizenship should be recognized as valid in Virginia, even though domicile was lacking
Mr. Adjei seeks legal status as the spouse of Ms. Boateng. Prior to their marriage, Ms. Boateng was married to a man named Mr. Gyasi. Both Boateng and Gyasi were Ghanaian, but were living in and domiciled in Virginia at the time they pursued, and secured, a legal customary divorce in Ghana through … Read More about Case Update (7 Feb 2023): Adjei v. Mayorkas; Ghanaian divorce based on citizenship should be recognized as valid in Virginia, even though domicile was lacking
Event Updates (2023 February): Join these International Family Law Events in February 2023
Monday, February 6th - 12 p.m. to 2:30 p.m. ET - Learning the Fundamentals for Your International Family Law Practice: Comparative Law and Jurisdiction - Registration click here Thursday, February 9th - 12 p.m. to 1:30 p.m. ET - Representing UN Employees In Their Family Law Disputes - … Read More about Event Updates (2023 February): Join these International Family Law Events in February 2023
Case Update (31 Oct 2022): Jindrich v. Weihele; German treatment of U.S. military retirement benefits in German divorce
The Husband in this case is a retired U.S. military member, who had, during the marriage, been stationed in Germany. The parties met in Germany, married there, and lived there during the entirety of their marriage. They also divorced there on October 6, 2009. In their German divorce decree, the … Read More about Case Update (31 Oct 2022): Jindrich v. Weihele; German treatment of U.S. military retirement benefits in German divorce
Case Update (2 Dec 2022): Bleich v. Bleich; subject matter jurisdiction over divorce requires meeting domicile requirement; recognition of foreign divorce is a matter of comity
On December 2, 2022, the Supreme Court of Nebraska clarified a procedural point when it came to the recognition of a foreign divorce decree. On May 4, 2021, Ms. Bleich filed for divorce in the Nebraska court. At the time, she met the Nebraska requirement that at least one of the two spouses be … Read More about Case Update (2 Dec 2022): Bleich v. Bleich; subject matter jurisdiction over divorce requires meeting domicile requirement; recognition of foreign divorce is a matter of comity
Case Update (4 Nov 2022): DAB v. MAS; Egyptian divorce decree not entitled to comity in NY
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