I have had past experiences with lawyers, they were too busy to answer phone calls but quick to bill. Chris Nesi was different. He was amazing. He was kind, knowing our case very well, and really cared about our family. Chris Nesi was so wonderful, that i can not find the words to express what a great job he did for us.

Summer T, Child Custody client

I have been through many lawyers in my quest for custody of my children. Chris Nesi is the first lawyer that gave me his cell phone number and actually called me back on the weekends - regardless of the time. Usually, I would wait days for a lawyer to call me back. That's not all, when we got to court, Chris mopped the floor with my ex's attorney!!! I now have sole custody of my children and I am receiving more child support than I expected! I would recommend Chris Nesi to anyone who wants a lawyer who will fight for them and your kids!!! Thanks a million Chris.

Child Custody client

Mr. Nesi was able to achieve everything I asked of him. He was professional and an outstanding lawyer. I recommend Mr. Nesi to anyone in need of a divorce lawyer.

Lisa, Divorce client

This is my first experience with an attorney. I had seen Mr. Nesi in court representing another client. The representation was so great that I left the court room to get his business card, I called him the same day. Chris Nesi is currently representing me and I am thrilled. Chris Nesi is tremendous at what he does.

Nicholas S, Child Custody client
Home

Destination Divorce

Destination Divorce

 

Destination weddings are still popular with many couples, but how many “destination divorces” do you hear about? I’d venture to say not too many.

If you happen to get divorced in a foreign country, does the United States recognizes that divorce as valid? The answer is: it depends. The United States Supreme Court has long asserted that if the individual had the right to a fair trial, without prejudice or fraud, had the right to be present, and the “system of jurisprudence [was] likely to secure an impartial administration of justice between the citizens of its own country and those of other countries,” the judgment would be given comity. Hilton v Guyot, 159 US 113 (1895).

 

The Michigan Court of Appeals echoed this position in Dart v Dart, opining that if the parties were afforded due process, present in court and had a hearing on the merits of the case, the judgment would be upheld. See Dart v Dart, 224 Mich App 146, 155 (1997).

In the 2009 unpublished case of Tarikonda v Pinjari, Michigan Court of Appeals Docket 287403, the the court was faced with the question of whether or not to uphold an Indian divorce. The parties were married in India and had one child born in the United States. They resided in Michigan for about two years. When the parties separated, the wife stayed in Michigan and the husband moved to New Jersey.

Shortly after separating, the husband secured a divorce by traveling to India. Pursuant to Indian law, a husband can actually divorce his wife by pronouncing that he divorces her three times. This is called the “triple talaq.” Pinjari did just that in his written triple talaq, and received a divorce certificate. Just think, if this kind of quick and easy divorce were allowed in the United States, I’d be out of a job.

Tarikonda filed for divorce in Michigan a month after her husband received the Indian divorce. The lower court granted the husband’s request to dismiss the Michigan divorce complaint on the basis that the couple was already divorced in India. Tarikonda was told to register the Indian divorce in Michigan and she could pursue custody and support in a separate complaint.

Tarikonda appealed on the position that the Indian divorce should not have been given comity as it “is violative of due process and contrary to public policy.”

The Court of Appeals agreed with Tarikonda, noting that she was denied due process as she had no notice of the triple talaq and was not given the right to be present or have an attorney. Further, this type of divorce denies women equal protection as they cannot pronounce a triple talaq on their husbands and receive a divorce. The lack of an equitable property division was also contrary to Michigan law.

The lesson to be learned from this case: don’t get a destination divorce in a country where you can simply say you’re divorced three times and it becomes true. That only works if you’re wearing ruby slippers and click your heels.

 

 

Destination Divorce, April 11, 2014, LegalNews.com

Share this

Contact

Image CAPTCHA
Enter the characters shown in the image.