Will A Foreign Divorce Be Recognized By The State Of Maryland?

Did you obtain a divorce in a foreign country and now, you’re wondering if it will be recognized in the State of Maryland? The answer is generally yes, the divorce will be recognized in the United States, so long as the divorce was obtained in a court that had the authority to grant a divorce and the divorce was granted legally. There are, however, some limitations to this doctrine which we will touch on later. Not every country has a divorce process that the United States respects. Divorces from these countries may not be recognized in Maryland.

In the Maryland case of Wolff v. Wolff, 40 Md. App. 168 (1978), the Maryland appellate court decided that a British divorce decree was recognized in Maryland based on the principle of comity. This principle allows the judgments of foreign courts to be recognized in the United States.

In Wolff, the parties were divorced by an English court. Ms. Wolff was awarded alimony by the British divorce decree. However, Mr. Wolff moved to Maryland. A few years later, Ms. Wolff, who was still residing in London, filed a Complaint to Enforce a Foreign Decree seeking to force Mr. Wolff to pay his alimony from abroad. Mr. Wolff filed a preliminary objection, and sought to prevent the Maryland court from enforcing the British divorce decree. Essentially, he argued that the Maryland court lacked jurisdiction. The circuit court agreed with Mr. Wolff, but Ms. Wolff filed an appeal. The appellate court reversed the circuit court’s decision and granted Ms. Wolff’s request.

According to the appellate court’s opinion: “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 to the doctrine of comity in Maryland 

In some cases, the judgment of a foreign court will not be upheld by a U.S. court. A foreign divorce would, thus, not be recognized if:

• The divorce was obtained by a procedure that denies due process of law
• The divorce was obtained by fraud
• The divorce offends the public policy of the state in which recognition is sought
• The foreign court lacked jurisdiction

One example of a divorce that will not be recognized in the United States is a talaq divorce. Talaq is a principle of Islamic law which has been adopted by Pakistan. In one case, Aleem v. Aleem, 404 Md. 404 (2008), Ms. Aleem filed for divorce in the Circuit Court for Montgomery County. While the case was pending, Mr. Aleem performed talaq at the Pakistan Embassy. Talaq gives only the husband the ability to initiate a divorce. A divorce can be obtained by stating “I divorce thee” three times. The Maryland Supreme Court refused to afford comity to the Pakistani law, holding that talaq offends the public policy of Maryland.

Talk to a Bel Air, Maryland Divorce Lawyer Today 

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are considering divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.

Sources:

casetext.com/case/wolff-v-wolff-26?q=Wolff%20v.%20Wolff%201978&p=1&tab=keyword&jxs=&sort=relevance&type=case&resultsNav=false

casetext.com/case/aleem-v-aleem-2?q=aleem%20v.%20aleem&p=1&tab=keyword&jxs=&sort=relevance&type=case&resultsNav=false