Virginia Court’s Refusal To Recognize Foreign Divorce

INTRODUCTION: Elghobashy v. Abdalla

     The Virginia Court of Appeals' ruling in Elghobashy v. Abdalla demonstrates the state's stance on foreign divorce decrees, spousal support, and the doctrine of comity, which permits courts to recognize and uphold judgments from other jurisdictions, including foreign countries, under specific circumstances. Both parties in the case were Egyptian nationals who had relocated to Fairfax, Virginia, after getting married in Egypt. An Egyptian court granted the husband a divorce decree after their relationship decayed. He then argued that this foreign divorce should be recognized in Virginia, effectively preventing his wife from seeking spousal support or other remedies under Virginia law.

COURT’S DECISION

     The issue at stake is whether the Virginia court should have recognized the divorce decree under the doctrine of comity. Additionally, the court must recognize if the divorce is “reasonably comparable” in terms of “moral standards, societal values, personal rights, and public policy” to Virginia law. The court’s decision held that the Egyptian divorce decree should not be automatically recognized and that it was not “reasonably comparable” to Virginia law because the wife was afforded nothing besides the loss of her property rights. Specifically, the court stated that the Egyptian court did not provide the same level of protection as Virginia laws would. 

IMPLICATIONS FOR YOU

     This case could be significant to you for several reasons, including the idea of fairness in foreign judgments, specifically divorce decrees. The case clarifies the doctrine of comity in foreign divorces and highlights the importance of adequate protection when living in Virginia. Elghobashy v. Abdalla set a precedent ensuring that Virginians, no matter their place of origin, are never at a disadvantage by foreign legal judgments that do not meet Virginia law standards.

     If you would like to discuss your options and you’re in Virginia, please call one of our offices at 804-325-1245 (Richmond) or 757-941-4298 (Williamsburg) to discuss how our attorneys can be of assistance to plan your separation and divorce.

Special thanks to Law Clerk, Logan Benton, for editorial assistance in drafting this article.