Waived Spousal Support in Prenuptial Agreement of 1999, Cannot be Invalidated Based on the 2002 Law San Diego, California, May 24, 2011: Court of Appeal of California, Fourth Appellate District, Division One held that a spousal support waiver in the parties' 1999 premarital agreement cannot be invalidated based on the  Fam. Code, § ...  [read more]

California Appellate Court, 6th District (Santa Clara): Vryonis decision (1988) invalidating Iranian Cultural Marriage was erroneous Santa Clara, California, April 19, 2011: In Ceja v. Rudolph & Sletten, Inc., the California Appellate Court for the 6th District held that an innocent party to an invalid marriage would be entitled to marital benefits even ...  [read more]

Islamic Mahr Is  Not Enforceable Against Afghani  Groom Who Did Not Read, Write, or Spoke Farsi Washington, February 23, 2010: Husna (Wife, 19 ) from Canada, and Khalid (Husband, 26) from U.S., are children of Afghan immigrants. They married in an Islamic marriage ceremony in Washington, during which Khalid promised in writing ...  [read more]

Trial Court Erred In Awarding Right of Religious and Cultural Upbringing Solely to the Custodial Parent Louisiana, March 10, 2010: D.R.S. (Father) and L.E.K. (Mother) were not married, but had a child. The family Court gave Mother physical custody, with sole right of determining religious and cultural  upbringing of the child. Father ...  [read more]

Judges Must Avoid Imposing Their Own Cultural Preferences in Hague  Convention Disputes Washington, May 17, 2010: Mr. Abbot, British, married, Mrs. Abbot,  U.S. citizen, had a child, A.J.A.,  in Hawaii, and lived in Chili, where they got divorce. Under Chilean law, Mrs. Abbot received custody of A.J.A., and Mr. Abbot was granted the ...  [read more]

No Evidence That Expense Of The Cellular Phone Was Necessary for Children’s Cultural Development Missouri, July 6, 2010: Father objected, but Mother asked and the trial court included payment for the children’s cell phone costs an extraordinary expense,as additional child support. Father appealed, and Missouri Court Of Appeals, Western District reversed. The Court, in the Case ...  [read more]

Failure of Attorney to Raise Existence of Cultural Marriage No Basis to Reverse Criminal Conviction Wisconsin(March 4, 2009) : Mong Lor was convicted for the crime of sexual assault on a child under sixteen.  Post conviction, Lor brought a motion for postconviction relief arguing that his trial counsel should have argued a cultural marriage defense.  He ...  [read more]

Moroccan Belief In Non-consensual Sex, Insufficient to Deny Restraining Order Bayonne, New Jersey(July 23, 2010): S. D. (Wife) requested an order for final domestic violence protection order against M.J.R. (Husband).  Both Husband and Wife are  Muslims and Moroccans. The Trial Court denied the order and found that  in punishing Wife and having non-consensual sex with her, Husband lacked the requisite ...  [read more]

Chinese Father Who Did Not Involve Child in Cultural Activities Cannot Complain From Adverse Custody Order Ohio (July 10, 2010): Father, Chinese, appealed from a domestic relations division order denying him shared custody time with the eight year child of the marriage.  Father claimed that denial of custody time, limits his ...  [read more]

References to Culture in the Historical Ruling of Judge Walker on Unconstitutionality of Proposition 8 California(August 4, 2010): Judge Vaughn R. Walker,  Chief Judge,  the United States District Court for The Northern District Of California, ruled that California  Proposition 8, the voter-enacted amendment to the California Constitution in November 2008, is ...  [read more]