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Ghassemi v. Ghassemi

Louisiana Court of Appeal
998 So. 2d 731 (2008)


Facts

First cousins Tahereh (plaintiff) and Hamid Ghassemi (defendant) married in Iran in 1976 and had a son, Hamed. Hamid emigrated to the United States in 1977, purportedly married someone else, divorced, and married again in Louisiana. Meanwhile, Hamid applied for Hamed but not Tahereh to enter the United States. Tahereh finally entered the country through Hamed’s efforts in 2005. Tahereh filed for divorce, spousal support, and division of community property. Hamid countered that their marriage was not valid, primarily because they were first cousins, and that the court need not recognize Iranian law or marriage certificates. The family court concluded it need not recognize the marriage certificate or give comity to Iran’s laws because of the condition of diplomatic relations between the two countries for the preceding 28 years. Tahereh appealed.

Rule of Law

Issue

Holding and Reasoning (Kuhn, J.)

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