Does The State Of Maryland Recognize Divorces Granted In Foreign Countries?

The short answer to this question is “yes”. The State of Maryland will recognize divorces that were granted in foreign countries. However, there are caveats. The divorce must be obtained by a court that had the authority to grant a divorce and the divorce was granted legally.

Maryland case law provides an example. In the case of Wolff v. Wolff, 40 Md. App. 168 (1978), the Maryland Appellate Court decided that a divorce granted in England was recognized in Maryland based on comity. The principle of comity allows foreign judgments to be recognized in the Maryland courts and more broadly, any court in the United States.

In Wolff, the spouses were divorced in an English court. The wife was awarded alimony by the English divorce decree. A few years after, the wife, who was still residing in England, filed a Complaint to Enforce Foreign Decree seeking to force her former husband to pay alimony. By then, the husband was residing in Montgomery County, Maryland. The husband filed a preliminary objection. He sought to prevent the Maryland court from enforcing the English divorce decree. To do so, he argued that the Maryland court lacked jurisdiction. The circuit court agreed with the husband and dismissed his former wife’s complaint. However, she appealed. The appellate court reversed the trial court’s decision and found that the alimony provision of the divorce decree was enforceable here in Maryland.

In finding in favor of the wife, the appellate court ruled that: “a decree of divorce granted in one country by a court having jurisdiction to do so will be given full force and effect in another country by comity, not only as a decree determining status, but also with respect to an award of alimony and child support.” Wolff, 40 Md. App. at 168.

Limitations on comity and foreign divorces 

While U.S. courts will broadly recognize foreign divorces, there are some restrictions on this. Firstly, if the divorce was obtained by a procedure which denies due process of law, the divorce will not be recognized. Similarly, divorces obtained by fraud will not be recognized. Divorces that offend the public policy of the state in which recognition is sought will not be recognized (more below). Lastly, cases where the foreign court lacked jurisdiction will not be recognized.

One example of a divorce that will not be recognized is talaq. Talaq is a principle of Islamic law. It was adopted as the secular law of Pakistan. It gives a husband the authority to divorce his wife by stating “I divorce thee” three times. The Supreme Court of Maryland refused to afford comity to Pakistani law, holding that the law offends the public policy of the State of Maryland. 

Talk to a Maryland Family Law Attorney Today 

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are seeking to divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing key aspects of your divorce including equitable distribution of the marital estate, alimony, child custody, and child support.

Source:

law.justia.com/cases/maryland/court-of-special-appeals/1978/1274-september-term-1977-0.html