Fouad v. Magdy (N.Y. App. Div. 2017): Court Rules Against Unilateral Divorce Attempt

The appellant had originally filed for divorce in 2015 after she and her husband separated due in part to his extramarital affair. She and the two children moved back to Egypt while the respondent remained in the United States. The respondent claimed he had been granted a revocable ṭalāq from the Egyptian court and that New York had no subject matter jurisdiction. The New York Supreme Court originally dismissed the appellant's divorce action. The Appellate Division reversed that decision because the wife was proven to have "first-in-time" action, since the husband had acted upon the "revocable" aspect of the revocable ṭalāq granted him by the Egyptian court. Furthermore, because the husband was still a resident of New York, New York had jurisdiction over the issue of child custody and financial settlements. 

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