Peruvian Law in U.S. Divorce Proceedings
A Cautionary Tale When Invoking Foreign Law in U.S. Litigation
Certified translation services and expert witness testimony are often needed in international family law cases, as cross-border marriages and divorces can complicate even the most routine legal proceedings. This dynamic was on full display in Williams v. Williams, No. 0466-18-2, 2018 WL 6313730 (Va. Ct. App. Dec. 4, 2018), a 2018 decision from the Court of Appeals of Virginia, where a husband’s last-minute attempt to introduce Peruvian law into a divorce proceeding failed—not for lack of relevance, but for lack of preparation and proof.
This instructive case highlighting Peruvian law in U.S. divorce proceedings serves as a practical cautionary tale for attorneys handling international elements in domestic litigation. It highlights both the procedural and evidentiary burdens attorneys face when attempting to invoke foreign law in U.S. courts—and what can happen when they fail to meet them.
A Marriage with International Roots
Michael J. Williams, Jr. (“Husband”) and Carmen B. Williams (“Wife”) were married in New York in April 1988 and later relocated to Virginia. The complication? Wife had previously been married in Peru, and while she obtained a divorce decree there on December 15, 1987, the decree had been appealed. The appeal was not resolved until May 24, 1988—more than a month after the couple’s U.S. wedding.
Despite this procedural cloud, U.S. immigration officials granted Wife citizenship in 1994, finding her marriage to Husband sufficient for spousal naturalization. For decades, this issue lay dormant.
All of this changed in 2015, when Wife filed for divorce. Husband responded in 2017 by seeking to void their nearly 30-year marriage ab initio, arguing that the Peruvian divorce had not been finalized before their marriage, rendering it bigamous and therefore void under Virginia law.
The Core Legal Question: Was the Virginia Marriage Valid?
At issue was whether the parties’ marriage was valid under Virginia law. Husband contended that because the Peruvian divorce had not been finalized when the couple wed in New York, Wife was still legally married to her first husband at the time.
Under Virginia Code § 20-38.1, a marriage entered into prior to the dissolution of a prior marriage is void. Husband relied on this provision to argue that his marriage to Wife never legally existed. To prevail, however, he needed to prove that the Peruvian divorce was not final before their wedding.
The Attempt to Introduce Foreign Law
Husband informed the court that he had consulted Peruvian attorneys and planned to submit a memorandum explaining Peruvian divorce law. However, when the evidentiary hearing arrived, he had not submitted any expert testimony or written legal analysis.
Instead, the only “evidence” he offered were two untranslated documents written in Spanish—one handwritten—and two snippets of Peruvian statutes he had pulled from the internet the night before. He asked the Spanish court interpreter to translate the documents during the hearing and read them into the record.
Wife objected, arguing that the documents had not been disclosed during discovery and that their meaning could not be evaluated without proper context or expert interpretation. The trial court sustained the objection, declined to admit the foreign statutes, and struck Husband’s evidence.
In Williams v. Williams, the Virginia Court of Appeals rejected a husband’s attempt to void a decades-long marriage by invoking Peruvian divorce law, finding that his failure to provide expert testimony, Spanish to English certified translations, and timely disclosure of foreign legal materials rendered the evidence inadmissible and underscored the procedural rigor required when introducing foreign law in U.S. courts.
The appellate court upheld the trial court’s decision, pointing out several flaws in Husband’s approach:
1. Failure to Provide Certified English Translations or Authenticated Documentation
The documents Husband introduced were written entirely in Spanish and were not professionally translated or authenticated. Parties seeking to introduce foreign language documents are required to provide certified translations. Courts are not required to conduct impromptu translations of foreign law documents, especially without advance notice or opportunity for the opposing party to respond.
2. Lack of Expert Testimony
While courts may take judicial notice of foreign law under Virginia Code § 8.01-386 and Rule of Evidence 2:202, The appeals court explained that expert testimony remains the preferred—and often necessary—method of proving disputed points of foreign law. Husband presented no such testimony.
3. Late Disclosure and Lack of Prejudice
Husband’s failure to provide certified English translation of the documents on Peruvian law during discovery or even prior to the hearing deprived Wife of the opportunity to challenge their contents. The appellate court found no abuse of discretion in denying a continuance when the request came only after Husband’s evidence had been excluded.
4. Presumption of Valid Marriage
Virginia law strongly presumes that a marriage is valid. To rebut that presumption, one must prove not only that a prior marriage existed but also that it had not legally ended at the time of the later marriage. Husband failed to provide sufficient proof on both counts.
Why the Court Rejected the Use of Peruvian Law
The Williams case exemplifies how not to introduce foreign law in U.S. litigation. While Husband’s substantive argument may have had merit, his procedural missteps proved fatal.
• Expert Testimony: Foreign law cannot simply be Googled and submitted. Courts require expert interpretation or formal certification of the foreign legal principles involved.
• Discovery Obligations: Parties are obligated to disclose any legal materials, expert reports, or documents they intend to use at trial. Waiting until the hearing to introduce foreign legal materials is almost always a losing move.
• Certified Legal Translation is Essential: Untranslated documents will rarely be admitted into evidence, especially when the opposing party has not had time to review them.
• Judicial Notice Does Not Equal a Free Pass: While a court may take judicial notice of foreign law, this does not mean a party is absolved from proving its contents, relevance, or legal effect—particularly when the law is disputed.
Why the Court’s Decision Matters
The Court’s decision in Williams reflects a broader principle: U.S. courts are open to considering foreign law—but only when it is properly presented. Parties cannot assume that pointing to another country’s statutes will shift the burden to the court or the opposing party to fill in the blanks.
Moreover, the case underscores the judiciary’s strong preference for upholding the validity of marriages unless compelling evidence suggests otherwise. The court was particularly wary of undermining a decades-long marriage based on speculative or poorly substantiated arguments about foreign divorce law.
Broader Implications for International Family Law
For practitioners involved in cross-border family matters, Williams is a vivid reminder of the diligence required when foreign legal issues arise:
• Consult Foreign Counsel Early: If foreign legal principles are at stake, engaging competent local counsel from the relevant jurisdiction is essential—not optional.
• Use Affidavits or Testimony from Experts: Courts are more inclined to consider foreign law when presented through recognized channels, such as affidavits, expert declarations, or live testimony.
• Prepare Certified Translations and Authenticated Documents: Always submit certified translations with foreign-language documents. Courts cannot—and will not—do this work for you.
• Anticipate Judicial Skepticism: U.S. courts prioritize judicial economy, procedural fairness, and evidentiary reliability. Foreign law must be presented as clearly and persuasively as U.S. law would be.
Certified Translation of Foreign Statutes and Other Evidentiary Documents
Williams v. Williams illustrates the importance of preparation when foreign law is invoked in a U.S. legal proceeding. While global family structures may give rise to international legal disputes, success in these matters depends on a clear understanding legal frameworks of both jurisdictions and on adherence to U.S. procedural rules.
In this case, Husband’s claim ultimately failed—not necessarily because he was wrong on the merits, but because he lacked the legal tools and evidence to prove his case. For attorneys, the lesson is clear: when foreign law is involved with domestic litigation, only the prepared survive.
Get in touch with the genealogy research and certified legal translation service All Language Alliance, Inc. to obtain certified translation of foreign statutes and other foreign language evidentiary documents written in Spanish; Chinese; Korean; Czech; Greek; Turkish; Polish; Romanian, and other foreign languages, and to hire court-certified interpreters for on-site depositions and for video depositions via Zoom.
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