North Dakota Supreme Court Refuses to Enforce Sudanese Triple-Talaq Divorce Certificate

The North Dakota Supreme Court, in an opinion authored by Chief Justice Lisa Fair McEvers, affirmed the district court’s denial of comity for a Sudanese divorce certificate obtained through triple talaq. Ali and Osman, dual U.S.-Sudanese citizens married in 2001, have five children; Osman claimed the marriage ended in December 2022 after pronouncing talaq three times and obtaining a certificate in Sudan, despite both residing in the United Arab Emirates since 2015.

The trial court found that Osman acted without Ali’s knowledge, failed to provide any notice, and that Ali only learned of the certificate after it was emailed to her. Citing due-process deficiencies and public-policy objections, the court refused to enforce the foreign decree, aligning with precedents from Maryland, New Hampshire, Michigan, New York, and Ohio that similarly rejected recognition of religious divorces lacking procedural fairness. Logan J. Meyer represented Ali in the case.