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Conflict of Laws Keyed to Brilmayer
Ghassemi v. Ghassemi
Citation:
998 So. 2d 731 (La. Ct. App. 2008)Facts
Plaintiff, Tahereh Ghassemi, and Defendant, Hamid Ghassemi, were married in Bam, Iran in 1976. The following year, the parties had a son. In 1977, Mr. Ghassemi left Iran to live in the United States on a student visa. Ms. Ghassemi claimed that both parties had the understanding that Mr. Ghassemi would return to Iran after he completed his studies, or that he would arrange for Ms. Ghassemi and their son to join him in the U.S. However, while in the U.S., Mr. Ghassemi entered into a marriage with an American woman. This marriage ultimately ended in divorce.
In 1995, Mr. Ghassemi completed the applications that allowed the parties’ son to enter the U.S., but did not make any arrangements for Ms. Ghassemi. In 2002, Mr. Ghassemi married a woman in Louisiana, which is where he was domiciled. In 2005, the parties’ son completed the applications so that Ms. Ghassemi could move to the U.S.
In 2006, Ms. Ghassemi filed for divorce from Mr. Ghassemi, seeking spousal support and partition of community property. Mr. Ghassemi argued that the Iranian marriage was invalid, listing several arguments, namely that he and Ms. Ghassemi were first cousins. The trial court declined to recognize the Iranian marriage and Plaintiff appealed.
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