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Showing posts with the label divisible divorce

Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity

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 On August 19, 2020, the Third District Court of Appeal for the State of Florida, in Vicario v. Blanch , reversed the trial court's order staying a dissolution proceeding in lieu of a dissolution proceeding in Spain.   The parties have a complicated timeline of court filings in both jurisdictions.  The Husband first filed for divorce in Florida.  The parties began litigating, but then he voluntarily dismissed his Florida divorce action and filed a few days later in Spain.  Nearly simultaneous to when the Husband filed in Spain, the Wife filed her divorce action in Florida. Ultimately, the Husband served his Spanish divorce action on the Wife a few months before the Wife served her action on the Husband.  When the Husband dismissed his Florida suit, the case was closed.  With him then serving the Wife first with the newly filed divorce action, the Spanish suit took priority and was first-in-time.  Therefore, the trial court deferred to th...

Case Update (2020): Ileiwat v. Labadi; Foreign Divorce Decree Comity, Subject Matter Jurisdiction for property division and support

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The Superior Court of Pennsylvania consolidated two appeals in the case of   Ileiwat v. Labadi (2020 PA Super 132 (2020) ) and, on June 3, 2020, rejected the Husband’s argument that the Pennsylvania court lacked subject matter jurisdiction to order the division of the parties’ property or award support to the Wife because neither party was domiciled in Pennsylvania for the requisite period of time prior to Wife’s initiation of the PA divorce suit. The parties, both dual-Jordanian-US nationals, had been living in Saudi Arabia for the Husband’s work since 2003. In 2014, the Husband took a 10-month project in Philadelphia.  The family purchased a condo and their children moved to the United States.  Approximately six months later, the family traveled to Saudi Arabia to renew their visas.  While the Husband and children returned to Philadelphia in January 2015, the Wife detoured to their native Jordan to visit family.  While she was in Jordan, the Husband calle...