Mihigo v. Mihigo
New York Supreme Court, Appellate Division
225 A.D.3d 1139 (2024)
- Written by Jamie Milne, JD
Facts
Charlotte Mihigo (plaintiff) and Cyprien Mihigo (defendant) met in 1987 or 1988 in the Democratic Republic of the Congo. They began living together as husband and wife shortly thereafter and had multiple children together. In 1994, in preparation for traveling to a refugee camp to seek asylum, Charlotte and Cyprien obtained a document showing that they were married. The couple eventually ended up in New York, where they continued to live together as husband and wife. Sometime later, Charlotte filed for divorce in a New York trial court. Cyprien argued that no valid marriage existed and consequently no divorce could be granted. The trial court ultimately concluded that the parties were considered married in their African culture and there was a valid marriage as of 1994. The court granted Charlotte the requested divorce. Cyprien appealed, continuing to argue that there was no valid marriage between the parties.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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