Ayenu v. Hlontor (2022) & Enforcing Foreign Divorces

Published on
October 18, 2024
Written by
Angel Murphy, Esq
Category
Divorce

Given Maryland’s stature in many areas – commerce, education, etc. – we shouldn’t be surprised to learn that many residents in this state were born in another country. In recent years, Maryland has seen a substantial influx of immigrants from other countries, and this influx is very likely to continue well into the future. Because of these migration patterns, we also shouldn’t be surprised to know that Maryland courts have been increasingly tasked with settling issues related to foreign divorces. In many cases, those born outside the U.S. marry either within the U.S., or outside, and then obtain a divorce in their home country. When this happens, there may be issues pertaining to these foreign divorce decrees. One of the primary issues pertaining to foreign divorce decrees is the status of these judgments in Maryland law: is a foreign divorce judgment automatically recognized in Maryland, or must there be a formal process beforehand?

The issue of the validity of foreign divorce judgments came up in the case of Ayenu v. Hlontor (2022), a recent case out of Montgomery County. Let’s look at this case in detail.

Case Facts

The spouses in this case were both originally from the African nation of Togo. The couple married in their home country before settling in Montgomery County. In 2018, the wife decided to file for divorce; she obtained a divorce judgment from a court in Togo rather than Maryland. The divorce judgment was issued in the dominant language of Togo, which is French. Later, in 2019, the wife sought to obtain an official declaration from a Maryland court holding that this Togolese divorce judgment was valid and enforceable in this state.

A hearing was held in May of 2019. The husband argued against the enforcement of the Togolese judgment, but the trial court ultimately sided with the wife. The husband contended that the Togolese judgment was inauthentic because of its foreign derivation, and also because it allegedly contained errors or evidence of fraud. The husband appealed the trial court judgment, citing Maryland’s Rule 2-535(a).

Outcome / Discussion

The husband had at least one major problem when he filed his appeal: his filing was late. Hence, when it attempted to file his appeal under Rule 2-535(a), he immediately ran into issues as this rule depends on a timely appeal. However, even though this was the case, the husband was still able to file a viable appeal despite his lateness; to make his appeal viable, he needed to cite a separate rule, and ultimately he needed to prove a very specific type of flaw in the original foreign divorce judgment. Specifically, the husband needed to show that there had been evidence of “extrinsic fraud” within the foreign judgment.

The appellate division found that the husband had failed to provide satisfactory evidence of extrinsic fraud. Consequently, the appellate division affirmed the trial court’s determination and upheld the ruling. The Togolese divorce judgment was therefore fully valid and enforceable within the State of Maryland.

There are several lessons to be taken from this case, but one of the critical lessons is the importance of a timely appeal. The husband would have had a much better chance to overturn the determination if he had filed within the applicable timeframe. By filing late, he severely hurt his chances. This case also demonstrates the difficulties litigants will have when they attempt to block a foreign divorce judgment. Someone cannot simply block a judgment because they “prefer” that this judgment go away; they need to cite evidence of deficiencies in the judgment.

Contact the Murphy Law Firm for More Information

If you would like more information on enforcing foreign divorce decrees, or another related topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

Angel Murphy

Personable. Passionate. Persistent.

foreign divorce | Maryland law | Ayenu v. Hlontor | immigrant rights | divorce validation | extrinsic fraud | family law | divorce decree | international marriage | legal advice

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