Case Update (2021): Upadhyay v. Dwivedi; simultaneous divorce actions

Divorce

Aug 5

On July 22, 2021, the State of Michigan Court of Appeals affirmed the trial court's dismissal of Upadhyay's divorce complaint in the Michigan family courts.

On June 10, 2019, Dwivedi filed a petition for divorce in India, where the parties had married. Upadhyay left India and returned to Michigan, and, on January 26, 2020, filed a complaint for divorce in the Michigan family courts. Dwivedi sought to dismiss the Michigan suit. In that the 2 suits involved the same parties and the same claims, even though the one is in a foreign court, the Michigan suit should be dismissed.

Upadhyay argued that the Michigan courts permit no-fault divorce, and India requires fault. This was unpersuasive. Fault is considered, perhaps not as a ground, but in resolving the underlying financial issues in the Michigan claim. Upadhyay also argues that the Indian case cannot resolve a division of their marital property. Dwivedi contests this assertion. The Michigan court decided it was not going to opine on foreign law, and it was not necessary that all issues in both suits be identical. If the Indian court does not resolve all issues of marital property, then the parties can bring an action to resolve the unresolved issues in an appropriate jurisdiction thereafter.

Melissa Kucinski

Melissa Kucinski works with family lawyers to strategically resolve their clients’ complex international cases. A fellow of the AAML, the IAFL, and chair of international family law committees in the American Bar and New York State Bar Associations, Melissa is a respected colleague to have on any legal team. A former consultant for the Hague Conference on Private International Law, member of the Uniform Law Commission’s Joint Editorial Board on Uniform Family Laws, and member of the U.S. Secretary of State’s Advisory Committee on Private International Law, Melissa maintains a robust network to help her clients in international disputes.

https://mkfamily.law/