Good Faith Belief in Valid Marriage is Subjective

In a landmark decision, the California Supreme Court reversed 25 years of California law that a cultural marriage must be both in “good faith” and “reasonable” to be valid.

In reversing IRMO Vryonis (1988) 202 Cal.App.3d 712, the Court stated: “We disagree with Vryonis and its progeny to the extent they hold good faith . . . → Read More: Good Faith Belief in Valid Marriage is Subjective

California: Good Faith Belief in Cultural Marriage may be Unreasonable

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 if . . . → Read More: California: Good Faith Belief in Cultural Marriage may be Unreasonable

PRJO: Cultural Misunderstanding, Not Hostility to Premarital Agreements

[The following Comment by Hon. Phantom Retired Judicial Officer is in Response to to article by Abbas Hadjian, Esq., Cultural Gifts In The family Courts, published on Culture Counts June 26, 2010. Admin ] Phantom Retired Judicial officer: Cultural Differences And Misunderstanding Underlies Many Decisions On Premarital Agreements

I’m reading your article now. Consider . . . → Read More: PRJO: Cultural Misunderstanding, Not Hostility to Premarital Agreements

WISCONSIN: Hmong’s Cultural Marriage no Defense to Sexual Assault on Minor

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 claimed that . . . → Read More: WISCONSIN: Hmong’s Cultural Marriage no Defense to Sexual Assault on Minor

CULTURAL GIFTS IN THE FAMILY COURTS

Abbas Hadjian (May 2010)

A. Introduction: In handling a culturally sensitive[i] divorce in California, we, as family law practitioners,  must pay serious attention to the identification and satisfaction of the executory marital gifts. More than that,  we must be ready to educate the judicial officer as to the significance of such marital . . . → Read More: CULTURAL GIFTS IN THE FAMILY COURTS