Publication date: 27.03.2025
Since 2002, I have been an Associate Professor at the Department of Public Law Disciplines, Criminal Law, and Procedure. Since 2012, I have been a lawyer, Managing Partner at "ADVOCATE ART" Law Firm. I am an expert, providing consulting services, particularly in the field of children's rights protection. I am also a supervisor, providing legal opinions.
The court granted the client's claim for divorce without her personal participation in the trial due to her stay abroad, despite the presence of two young children and the defendant's active opposition. The decision of the court of first instance was upheld by the court of appeal, and the defendant was awarded court costs.
Circumstances of the case: In 2023, Viktoriia turned to us for legal assistance in dissolving her marriage, which had become impossible to preserve due to her husband's overly aggressive behavior and constant conflicts that he provoked in front of her young children.
The couple was abroad and had two minor children. At the same time, the husband categorically objected to the divorce, used physical and mental violence against the client and her mother in front of the children.
The course of work
Consultation and defense strategy.
We found out all the circumstances of the case, analyzed them and developed a strategy to satisfy the claim for divorce.
Preparation of procedural documents.
Our lawyers prepared:
- a statement of claim, a response to the response and, subsequently, a response to the appeal, where they substantiated in detail the impossibility of preserving the marriage
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objections to the defendant's motion to grant an additional term for reconciliation and to suspend the proceedings to protect the client's interests; -
documents proving the defendant's aggressive and inadequate behavior and physical violence against the client and her mother.
Adoption of the court decision.
- At the first stage, we managed to prove to the court that granting the spouses a period for reconciliation was inappropriate, and that further preservation of the marriage was impossible and not in the interests of the young children.
- The court refused to grant the defendant a period for reconciliation.
- The Moscow District Court granted the claim and dissolved the marriage between the client and her husband.
- The defendant filed an appeal against the said court decision.
- The Court of Appeal upheld the decision of the court of first instance and recovered the legal fees from the defendant.
Representation in court.
The lawyer representing the client's interests persistently defended Victoria's position in every court hearing. The argumentation was based on the current legislation and the fact that further preservation of the marriage is impossible and poses a threat to the physical and mental health of the client and her young children.
The result.
Thanks to the professional work of the attorneys of the CONSULTANT:
The court ruled in favor of the client;
The Court of Appeal confirmed the legality and validity of the said court decision;
The claim for divorce was granted, the marriage was dissolved without the client's personal participation;
The court costs for legal aid were recovered from the defendant.
Trust between a client and a lawyer is a key factor in the successful conduct of a case. A lawyer always acts in the best interests of the client, even if the decisions seem difficult or unpopular. In turn, the client feels more relaxed when he or she knows that the lawyer is in control of the situation. When dealing with any complicated matter, always seek professional help.
