Maine Court Rejects UAE Religious Marriage in Landmark Divorce Case

The Maine Supreme Judicial Court has ruled that a religious marriage performed in Dubai, United Arab Emirates, does not constitute a legally valid marriage under Maine state law. The decision, Aldarraji v. Alolwan, was authored by Justice Julia Lipe and addresses Ms. Aldarraji’s attempt to dissolve her marriage to Mr. Alolwan.

In its ruling, the court determined that the parties failed to meet Maine’s statutory requirements for marriage, despite having a religious ceremony in Dubai and a subsequent signing of a marriage certificate in Turkey.

Key Facts in the Case

  • Parties Involved: Ms. Aldarraji (plaintiff) and Mr. Alolwan (defendant).
  • Alolwan’s Background: Born in Saudi Arabia, dual citizen of Saudi Arabia and the United States, moved to the U.S. in 2006.
  • Aldarraji’s Background: Moved to the United States from Iraq in 2018.
  • Meeting and Ceremony: The parties met in 2019, traveled to Dubai for a religious marriage ceremony officiated remotely by an imam from Biddeford, Maine, and later signed the marriage certificate in Turkey on January 16, 2020.

Court’s Rationale for Rejecting the Marriage

The court emphasized that Maine does not recognize common-law marriages and requires strict compliance with statutory marriage laws. Justice Lipe wrote:

"[W]e have declined to recognize common law marriage" in Maine, instead leaving "policy decisions regarding marriage and divorce to the Legislature." "[T]he requirements for a valid marriage are provided by statute."

According to Maine law, a valid marriage requires:

  • Submission of a marriage application to a municipal clerk or the State Registrar of Vital Statistics.
  • Issuance of a marriage license.
  • Solemnization of the marriage by an authorized officiant in the presence of at least two witnesses.
  • Documentation of the ceremony’s location and date on the marriage license, signed by the couple, witnesses, and officiant.
  • Return of the marriage license within fifteen "working days" of the ceremony.

The court found that the parties did not comply with any of these requirements. The remote religious ceremony in Dubai and the signing of the certificate in Turkey did not satisfy Maine’s statutory framework for marriage.

Court’s Conclusion and Dismissal of the Divorce Complaint

Alolwan filed a motion to dismiss Aldarraji’s divorce complaint, arguing that no lawful marriage existed between the parties. The court granted the motion, concluding that the parties had not established a legal marriage in Maine or anywhere else. The ruling underscores Maine’s strict adherence to statutory marriage requirements and its refusal to recognize marriages performed outside the state unless they comply with Maine law.

Implications of the Ruling

This decision highlights the importance of adhering to state-specific marriage laws, even when religious or cultural ceremonies are performed abroad. Couples in Maine must comply with statutory requirements to ensure their marriages are legally recognized in the state.

Source: Reason