Tshiani v. Tshiani

56 A.3d 311, 208 Md. App. 43, 2012 Md. App. LEXIS 127
CourtCourt of Special Appeals of Maryland
DecidedNovember 21, 2012
DocketNo. 2655
StatusPublished
Cited by5 cases

This text of 56 A.3d 311 (Tshiani v. Tshiani) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tshiani v. Tshiani, 56 A.3d 311, 208 Md. App. 43, 2012 Md. App. LEXIS 127 (Md. Ct. App. 2012).

Opinion

ZARNOCH, J.

STATEMENT OF THE CASE

In this case, we have been asked to invalidate an allegedly impermissible “proxy” marriage that had lasted more than eighteen years. This appeal comes to us from the Circuit Court for Montgomery County, where the circuit judge granted appellee Marie-Louise Tshiani’s (“Marie-Louise”) request for absolute divorce, alimony, property division, child support, and attorney’s fees. Appellant Noel Tshiani (“Noel”) contends that there can be no divorce and no monetary award because the parties’ marriage in the Democratic Republic of Congo is [47]*47not valid under Maryland law. We reject this contention and affirm the judgment of absolute divorce.

FACTS AND LEGAL PROCEEDINGS

Both parties are natives of Kinshasa, Democratic Republic of Congo (formerly Zaire). Marie-Louise and Noel met in the Congo in 1993. Marie-Louise was 18 years old and Noel was 35. According to Marie-Louise, after five months of dating, the two were married on December 23,1993 in Kinshasa. She testified that Noel was not physically present at the wedding because “he was on assignment in [another country in] Africa and couldn’t make the trip.” Noel designated his cousin to represent him. One of the families gave the other $200 cash, clothes, and a live goat.1 Noel participated in the ceremony over the phone. According to Marie-Louise, her family asked Noel and his family members three questions regarding whether Noel knew the bride, whether he liked her, and whether he wanted a dowry to be exchanged.2 Noel responded in the affirmative.3 According to Marie-Louise, “tradition requires that the wife leave[ ] with the husband’s family and then go[] to live with the husband.” After the ceremony, Marie-Louise spent the night at Noel’s cousin’s house. The next day she traveled to live with Noel in Arlington, Virginia.

Since the marriage, the couple have been living together and representing themselves as husband and wife. They first lived in an apartment in Virginia, then purchased a home in Bethesda, Maryland in January 1994. The parties bought another piece of property in Potomac, Maryland as “tenants [48]*48by the entirety.”4 The parties had three children together: P.E. was born on June 8, 1995, J.H. was born on October 29, 1997, and D.G. was born December 6,1998.

On April 16, 1994, the parties participated in a “renewal of vows” ceremony at the Church of the Cathedral of Saint Thomas Moore in Arlington. The couple obtained a “Proof of Marriage” from the Congolese Embassy and brought it to the Virginia ceremony. The church provided them with a certifícate stating that they were “united in matrimony ... in conformity with the laws of the State of Virginia and the Republic of Zaire.” The certificate also attested that “there were witnesses present at the ceremony, including one member of [Noel’s] family.”

Noel applied for a “dependency allowance” for Marie-Louise with his employer (the World Bank) and attached a “Certificate of Customary Marriage from the Embassy of Zaire” or “Attestation de Mariage Coutomier ” dated January 25, 1994. He requested and received health insurance coverage for Marie-Louise and asked the World Bank to “add my wife as beneficiary” of his life insurance policy. Noel also went to the United States Immigration Service to obtain permanent resident alien status (Green Card) for Marie-Louise, asserting that she was his wife. Since 1994, Noel has filed joint federal and state tax returns, listing Marie-Louise as his spouse. Further, during a protective order hearing, Noel referred to Marie-Louise as his wife. Although he filed an Amended Answer, when Marie-Louise first filed for absolute divorce Noel’s Answer admitted that he and Marie-Louise were married. Finally, Noel wrote in his motion to dismiss Marie-Louise’s complaint for absolute divorce, “the parties were joined in a union based on the Congolese practices ...”

At the circuit court hearing, Noel equivocated when asked about almost all of the above facts. He testified “he had no [49]*49participation” in the Congolese marriage “by phone or anyway.” He claimed he was “unaware of it.” The court said that “[Noel] argued that the marriage ceremony in the Congo was something that is not recognized outside the Congo, but failed to provide support legal or otherwise for this assertion.” He also said of the Virginia marriage: it is “customary for there to be a Catholic service for people not necessarily married to live in Virginia.” The court entered a Judgment of Absolute Divorce. As to the validity of the marriage, the court found as follows:

[Noel’s] actions subsequent to the ceremony in the Congo demonstrate [Noel’s] recognition that there was a lawful marriage between the parties. [Noel] took action after the marriage ceremony in the Congo to have the marriage recognized by the World Bank by requesting a ‘certificate of marriage’ from the Congolese [E]mbassy. Although that document was not produced at trial, [Marie-Louise] produced a document from the Embassy of the Democratic Republic of the Congo stating that a Certificate of Marriage was delivered to the World Bank and that due to “floods and destructive of archives,” the embassy could not provide another copy.
Since 1994, [Noel] has filed a joint federal and state tax returns with [Noel] listing [Marie-Louise] as “spouse.” [Noel] had titled real property that he purchased on Raymond Lane in Potomac, Maryland as “tenants by the entirety,” which is a form of land ownership only available to married couples. Further, during the course of another hearing wherein [Marie-Louise] obtained a Final Protective Order against him, [Noel] referred to [Marie-Louise] as his “wife.” [Noel] seeks to explain this designation by stating that “in the Congo, if you live with a woman she is called your wife and by respect I call her ‘wife.’ ” Indeed, [Noel] went to the United States Immigration Service in order to obtain a ‘green card’ for [Marie-Louise] on her status as his wife.
[Noel’s] prevarication on this issue becomes clearer upon consideration of his application for spousal dependancy benefits from the World Bank, which included an “Attestation [50]*50De [Mariage] Coutumier” (Certificate of Customary Marriage) dated January 25, 1994 to support [Noel’s] claim of a legal marriage. [Noel] requested and received heath insurance coverage for [Marie-Louise] from the World Bank on the basis of [Marie-Louise’s] status as his spouse. [Noel asked the World Bank to “add my wife as beneficiary” of his life insurance policy.
[Noel] is a liar and a manipulator. Either he lied to the [c]ourt in his testimony regarding the existence of the marriage and his participation therein or he lied to the World Bank, the Internal Revenue Service, and the immigration authorities. In either event his testimony is not to be believed. The [c]ourt finds that a valid marriage existed between the parties and took place on December 23, 1993.

Noel timely appealed.

QUESTION PRESENTED

Appellant presents the following question for our review:5

Did the Circuit Court err in recognizing the parties’ marriage in Kinshasa, Democratic Republic of Congo?

For the following reasons, we affirm the Judgment of Absolute Divorce.

DISCUSSION

I.

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Cite This Page — Counsel Stack

Bluebook (online)
56 A.3d 311, 208 Md. App. 43, 2012 Md. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tshiani-v-tshiani-mdctspecapp-2012.