MK Family Law

Ms. Cha (South Korean) married Mr. Kim (American) and had a child in 2014.  In April 2016, Ms. Cha left their home in Guam with the child for South Korea.  Mr. Kim filed for divorce in Guam 3 months later, and in September 2016, Ms. Cha filed for divorce in South Korea. Mr. Kim also filed a request to return the minor child to Guam using the Hague Abduction Convention.  The South Korean court rejected his request saying that both Guam and South Korea were the child's habitual residence and Mr. Kim had, at least in part, consented to the child's prior and current time in South Korea. His appeals were denied.   This case revolves around Mr. Kim's attempts to serve Ms. Cha with his Guam divorce papers using the Hague Service Convention .  He apparently made several attempts using the South Korean Central Authority, and he received a certificate of non-service from their office.  Mr. Kim then attempted to serve Ms. Cha by sending her the legal documents by...

The Supreme Court of New York, Warren County, in Sweet-Martinez v. Martinez , ( 2020 NY Slip Op 20195)  authorized alternative service by Federal Express to a Defendant for an uncontested divorce proceeding (without children).  The Defendant had previously been removed and returned to Mexico.  Plaintiff had communicated with her Husband in Mexico, and had, what she believed to be his residential address in Mexico.  She sent paperwork to this address by postal mail, but the Defendant did not acknowledge receipt nor file any responsive pleadings in the divorce case.   The Supreme Court acknowledged that the U.S. and Mexico are treaty partners under the Hague Service Convention, and inquired as to what steps Sweet-Martinez had taken to ensure service was effectuated pursuant to this treaty.  She indicated that, on June 12, 2020 (less than 2 months prior to this court's opinion), she had prepared and submitted, by postal mail, a request for service to the ...

The Eleventh Circuit handed down a recent international service opinion in Winston v. Walsh .  The parties are divorced.  They had a son, who, post-divorce, died while in Walsh's (Father's) care.  No criminal charges were filed, but Winston (Mother)  filed a wrongful death action in Georgia state court.  By this time, Walsh, who was originally from the United Kingdom, had returned, was living there, and was remarried.  Winston dismissed her state court lawsuit, and brought a renewal action in the U.S. District Court.  The renewal action can only proceed, however, if the original action was valid, which Walsh says is not true since Winston never properly served him in the U.K.   Winston had attempted service, using the Hague Service Convention.  Winston had no idea where Walsh resided, but hired a P.I., and ultimately served him at an address where his sister lived and worked. Walsh's new wife also used that address on some business docum...